RONGINA BEGUM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A Note appended to paragraph 26 of the West Bengal Recognized Non-Government Educational Institution Employees (Death cum Retirement Benefit) Scheme, 1981 is under challenge in the present writ petition.

(2.) The petitioner is the widow of a deceased teacher. During his lifetime, the teacher married twice. Family pension was received by two widows equally. Upon death of one of the two widows, the petitioner claims that she is entitled to the share of the deceased widow as the deceased widow did not leave behind any other heir.

(3.) The Note is being compared with the Notification dated January 13, 1997 issued by the Finance Department. The Notification dated January 13, 1997, the Finance Department allows the share of family pension payable to one of the widows to be paid to the other widow on the death of one of the widows not leaving behind any legal heir to receive the same. The Notification dated January 13, 1997 governs employees of the State Government. A teacher employed by an educational institution cannot be considered to be an employee of the State Government. Equals are to be treated equally so as to understand whether there is any discrimination between the equals or not. A teacher and State Government employee do not fall in the same category so as to be treated as equals. Therefore, it would not be appropriate to compare a Notification governing the field of employment of a State Government employee with that of a teacher.