Kiranshashi Das vs The State of West Bengal & Others

The petitioner prays for leave to implead the Assistant Director, Pension, Provident Fund and Group Insurance, Government of West Bengal, as a party respondent to the present writ petition. Such prayer is considered and allowed. Let the Assistant Director, Pension, Provident Fund and Group Insurance, Government of West Bengal be added as a party respondent no.6 to the present writ petition. The learned advocateon- record of the petitioner is directed to effect necessary correction in the cause title of the petition. As Mr. Roy, learned advocate who appears for the State respondents can appear on behalf of the Assistant Director, service of a copy of the writ petition upon the said added respondent no.6 is dispensed with.

Mr. Dasgupta, learned advocate appearing for the petitioner submits that the petitioner''s husband, who was an assistant teacher in Khejuri Adarsha Vidyapith (in short, the said school) retired on 31st March, 1968 and expired on 2nd November, 1983, while enjoying pension under the Recognized Non-Government Secondary Institutions Pension Rules. By the government orders dated 1st November, 2010 and 12th July, 2011, the State, as a social security measure, extended the benefits of the DCRB Scheme, 1981 to the retired living employees and to the living spouse of the deceased employees. On the basis of the said government orders the petitioner, who is the widow of a deceased teacher, is entitled to the benefits of family pension. Accordingly, the petitioner approached the pension sanctioning authority with a prayer to sanction of the benefits of family pension. Upon consideration of such prayer, the pension sanctioning authority, being the respondent no.3 forwarded the pension papers of the deceased teacher to the respondent no.2 by a letter dated 7th March, 2017. Upon considering the said pension papers, the added respondent no.6 issued a letter dated 17th May, 2017 to the respondent no.3 stating that "The copy of writ petition no. 1119(W) of 2016 have been submitted from your end, but the corresponding High Court''s order, if any, has not been furnished. Please submit the same for taking further necessary action from this end."

The letters dated 7th March, 2017 and 17th May, 2017 have been brought on record by a supplementary affidavit. Let the same be kept on record. It appears from the letter dated 17th May, 2017 that due to non submission of a copy of the present writ petition and due to non intimation of any order passed in the same further steps could not be taken by the respondent no.6.

In such circumstances, I am of the opinion that no useful purpose will be served by keeping the writ petition pending and the same needs to be relegated to the respondents for taking a final decision as regards the petitioner''s claim.

Accordingly, this Court directs the petitioner to serve a copy of this order along with a copy of the writ petition and the supplementary affidavit to the respondent no.6, who shall consider the same and forward his observations to the pension sanctioning authority, being the respondent no.3, within a period of four weeks from the date of commutation of this order.

Upon receipt of such communication from the respondent no.6 and within a period of four weeks thereafter, the respondent no.3 shall consider the petitioner''s entitlement to the benefits of family pension and pass a reasoned order, in accordance with law, upon granting an opportunity of hearing to the petitioner or her authorised representative and the authorities of the said school and shall communicate the same to the petitioner.

The respondent no.3 would be at liberty to call for all necessary records from the authorities of the said school. It is expected that the petitioner and the said school authorities shall extend all assistance to the respondent no.3 so as to resolve the dispute.

Needless to observe in the event the petitioner''s claim deserves acceptance, necessary follow up steps shall be taken by the respondents without any further delay. With the above observations and directions the writ petition is disposed of. There shall, however, be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.