KABITA SINHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner has challenged an order dated 21st March, 2018 passed by the Director, Pension Provident Fund and Group Insurance, Government of India, by which the petitioner's prayer for family pension as the widowed daughter of the pensioner was rejected.

(2.) The petitioner's father was an approved Clerk of Mitrebhum High School (H.S.), Birbhum and retired from service on 1st April, 1970. The petitioner's father died on 15th February, 1976. After the retirement and death of the petitioner's father, the petitioner's mother received pension in terms of a Government Circular dated 15th June, 1990 and the Pension Payment Order (PPO) was issued in favour of the petitioner's mother. The petitioner's mother died on 5th December, 2008.

(3.) The husband of the petitioner died on 25th May, 1987. The petitioner applied before the concerned authority on 28th May, 2009 for releasing family pension to the petitioner as a widowed daughter in terms of the Government Circular dated 10th January, 2008. The petitioner's application for family pension was refused by the Director of School Education in December 2011 followed by an order of the Director of Pension, Provident Fund and Group Insurance (DPPG) of 21st, September, 2013. A writ petition filed by the petitioner resulted in the impugned order dated 21st March, 2018 stating that the Government Order Nos. 95 and 96 SE (B) dated 13th April, 2010 provides for payment of family pension to the unmarried/ widowed/ divorced daughters of teachers and non-teaching employees of non- Government aided educational institutions under the West Bengal recognized non-Government Educational Institution Employees (DCRB) Scheme, 1981.