Papri Dutta vs State Of West Bengal & Ors

Amrita Sinha, J

On 12th February, 2020, an order was passed directing The learned advocate appearing for the respondents to take specific instruction whether the

Memorandum No. 138-F(Pen) dated 3rd March, 2008 issued by the Finance Department, Pension Bench extending the scope of family pension to

unmarried daughters of State Government employees/pensioners can be made applicable in respect of the employees of the Municipality.

The learned advocate for the State submits that though the instruction has been sought for but the same has not been provided by the respondents.

In the absence of specific instruction it is not possible for the Court to decide the matter conclusively.

The petitioner being an unmarried daughter of the deceased employee of the Municipality relies upon the aforesaid memorandum for the purpose of

grant of family pension in her favour.

The petitioner submits that under similar circumstances, family pension was extended in favour of one Lata Chatterjee the unmarried daughter of

Biswanath Chatterjee the deceased employee of the said Municipality.

The petitioner submits that necessary orders may be passed for grant of family pension in her favour.

The Deputy Director, Pension, Provident Fund and Group Insurance, West Bengal by a communication dated 8th March, 2018 requested the

Chairman of the Baidyabati Municipality to submit the pension paper in respect of late Jagabandhu Dutta the father of the petitioner herein. The same

has not been submitted by the Municipality till date.

As family pension was a part of the service benefit enjoyed by the employee the respondents are bound to take steps for releasing the service benefit

which is due and payable to the heirs of the deceased employee.

In view of the above, the instant writ petition is disposed of by directing the respondent No. 4 being the Chairman, Baidyabati Municipality to take

immediate steps for forwarding the necessary papers to the Director of Pension, Provident Fund and Group Insurance for grant of family pension in

favour of the petitioner.

The respondent No. 4 shall forward all the papers to the respondent No. 6 within a period of four weeks from the date of communication of a copy of

this order.

The respondent No. 6 shall take steps to consider the prayer of the petitioner for grant of family pension in her favour, in accordance with law, within

a period of six weeks from the date of receipt of the documents from the Municipality. The respondent No. 6 shall pass a reasoned order and

communicate the same to the petitioner within a fortnight thereafter.

W.P. 10993 (W) of 2019 is disposed of.

The department is directed to make necessary correction in the order dated 12th February, 2020 wherein the date has been inadvertently recorded as

12th February, 2019.

The Memorandum No. 138-F(Pen) dated 3rd March, 2008 be retained with the record.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.