Shyamali Maity vs State Of West Bengal & Ors

Prasenjit Biswas, J

The order dated 28.11.2024 passed by the learned Single Bench of this Court in connection with WPA 23976 of 2024 is assailed in this appeal.

The prayer of this appellant/petitioner for getting family pension from the date of death of her mother has been discarded by the learned Single Bench in passing the impugned order. Being aggrieved and dissatisfied with the said impugned order the present appeal is preferred at the behest of the appellant/petitioner.

A representation was made by this appellant/petitioner before the Directorate of Pension, Provident Fund and Group Insurance, Government of West Bengal with a prayer for granting family pension in her favour. It was informed to the appellant by the Joint Director of Accounts (S.E.), Purba Medinipur that a pension case was received from District Inspector (S.E.), Purba Medinipur on 26.12.2013. As the appellant did not get response from the respondent authorities, a writ petition was preferred before this Court being W.P No. 25396(W) of 2017 for getting appropriate relief. It is prayed by the appellant in the said writ petition that a direction may be given upon the respondent authorities to consider her representations dated 11.08.2015 and 25.05.2017 so that she could get family pension. During pendency of the said writ petition it was brought to the notice of the learned Single Bench by the State authorities that the issue similar to that involved in that writ petition was pending consideration before the Larger Bench of this Court and as such learned Single Bench passed the order keeping the writ petition sine die awaiting decision taken by the Larger Bench.

The said writ petition preferred by this appellant/petitioner along with other similar matters pertaining to similar issues was taken up for hearing by the Larger Bench of this Court and the said issue was disposed of by the Larger Bench by passing the judgment on 20.06.2023 wherein the Larger Bench has been pleased to extend  the  family  pension  to  unmarried/widow  daughter  of  the  employee  who superannuated or died prior to coming in force of the Death-cum-Retirement Benefit Scheme, 1981, which came into effect on and from 1st April, 1981. After passing of the judgment by the Larger Bench, the learned Single Bench of this Court disposed of the writ  petition  preferred  by  this  appellant  petitioner  with  a  direction  upon  the respondent authorities to dispose off the representation made by the petitioner positively within a period of four weeks from the date of communication of the order. A further direction was given by the learned Single Bench upon the State Authorities that in the event if decision goes in favour of the petitioner/appellant the State Authorities shall give effect thereto in favour of the petitioner within a period of two weeks from the date of communication of the decision.

In pursuance of the direction passed by the learned Single Bench the Directorate of Pension, Provident Fund and Group Insurance, Government of West Bengal disposed off the representation made by the appellant/petitioner after giving her opportunity of being heard and passed an order vide Memo No. 467/L/1(3)/DPPG/L-159/2023 dated 14.09.2023. The relevant portion of the said order is quoted hereinbelow:

“Therefore, considering all the relevant records and documents in compliance with the Hon’ble Court Order, prima facie I am of the view that the petitioner is entitled for family pension as unmarried daughter if otherwise eligible under G.O. No. 95-SE(B) dated 13.04.2010 and 96-SE(B) dated 13.04.2010. District Inspector of Schools (S.E.), Purba Medinipur is directed to send the pension file within two weeks to DPPG and the concerned cell of the DPPG is directed to issue PPO within one week thereafter.”

It is said by the appellant that the order passed by the Directorate of Pension, Provident Fund and Group Insurance was duly communicated to all the concerned persons and authorities.

It is further contended by the appellant /petitioner that although she is entitled to get the benefit of family pension of the deceased employee with effect from 25.02.2013 but surprisingly PPO was issued in favour the appellant by the office of the Directorate of Pension, Provident Fund and Group Insurance granting family pension with effect from 9th November, 2023 in place and stead of 25.02.2013. It is further said at the behest of the appellant that after passing the order dated 14.09.2023 by the Directorate of Pension, Provident Fund, Group Insurance, this appellant was directed to obtain an income certificate from the office of the concerned Block Development Officer and accordingly an income certificate dated 4th August, 2023 was obtained from the office of the Block Development Officer, Kolaghat, Purba Medinipur whereby the said Block Development Officer certified the family income of this appellant to be Rs. 60,000/- per annum. Thereafter, this appellant again approached before the Block Development Officer and individual income certificate of this appellant was issued by the same Block Development Officer, Kolaghat, Purba Medinipur certifying the individual monthly income of this appellant to be Rs. 1,000/. Despite request made by this appellant/petitioner the Directorate of pension did not grant the family pension to this appellant from the immediate date of death of her mother. This appellant/petitioner again knocked the door of this Court by filing a writ petition being WPA 23976 of 2024. The said writ petition was disposed off by the learned Single Bench by passing the impugned order. The relevant portion of the said impugned order is quoted hereinbelow.

“However, on perusing the pension payment order which is annexed to the report it transpires that such order was issued on 19th April, 2024 thereby granting family pension in favour of the petitioner on and from 19th April, 2024 which requires clarification since it is the stand of the State respondents that entitlement of the petitioner to receive family pension accrued on the strength of Government memo dated 9th November, 2023 by which income limit was enhanced from Rs. 3,500/- to Rs. 9,000/-, petitioner is entitled to receive family pension from 9th November, 2023 and not from any subsequent date.”

Mr. Surendra Kumar Sharma, learned Advocate appearing on behalf of the appellant submits that the learned Single Bench committed error in holding that the income of the writ petitioner as Rs. 60,000/- per annum. i.e. Rs. 5,000/- per month for the period from 25.02.2013 till the date of issuance of PPO dated 19.04.2023. The learned Single Bench relied upon the income certificate issued on 4th August, 2023 by the Block Development Officer which certifies the individual income of the writ petitioner is of Rs. 1000/- per month. It is further said that this appellant/petitioner is a physically challenged woman and she has no other source of income at any point of time. It is further submitted by the learned Advocate that this appellant has approached the respondent authorities for getting the family pension in the year 2013 and as such, the income certificate dated 4th August, 2023 cannot be taken as bar in granting the family pension to her with effect from 25.02.2013. As per submission of the learned Advocate the learned Single Bench committed error in relying only upon the income certificate dated 4th August, 2023 and did not appreciate the income certificate dated 30th May, 2024. Both the income certificates were issued by the same authorities i.e. the Block Development Officer, Kolaghat, Purba Medinipur. At the time of hearing the attention of the Court is drawn to both the certificates issued by the Block Development Officer, Kolaghat, Purba Medinipur as well as the income certificate dated 13.05.2013 and 16.11.2021 issued by the concerned Gram Pradhan. It is said that income certificate issued by the concerned Gram Pradhan dated 16.11.2021 certified the income of this petitioner to be Rs. 12,000/- p.er annum i.e. Rs. 1000/- per month, which is in complete agreement with the income certificate issued by the concerned Block Development Officer dated 30th May, 2024. So, it is submitted by the learned Advocate that the learned Single Bench has erred in law in dealing with the issue regarding entitlement of the writ petitioner of the family pension with effect from 25.02.2013. So, it is submitted by the learned Advocate that this appellant/petitioner is entitled to get family pension from the immediate date of death of her mother.

Mr. Sudipta Panda, learned Advocate on behalf of the State submits that there is no illegality or irregularity in the impugned order passed by the learned Single Bench. It is said that at the material point of time the yearly income of this appellant was Rs. 60000/- (Rupees Sixty Thousand) which indicates that the monthly income of the petitioner was Rs. 5000/- and it was more than Rs. 3500/-. Subsequently, a memorandum dated 9th November, 2023 was issued by the Deputy Secretary, Government of West Bengal School Education Department which enhanced the limit of monthly income from Rs. 3500/- to Rs. 9000/- in matter of settling family pension in favour of the unmarried daughter of deceased teachers. On the basis of such memorandum it was found that although her monthly income was Rs.5000/- per month but she is entitled to family pension from the date of issuance of the said memorandum dated 9th November, 2023. As per submission of the learned Advocate, this appellant/petitioner is not entitled to get family pension from 25.02.2013. The income certificate issued by the concerned Block Development Officer, Kolaghat dated 30th May, 2024 is totally silent in regard to the monthly income of the petitioner during the period from which she claimed her family pension. The entitlement of this petitioner to receive family pension was accrued on the strength of the Government memo dated 9th November, 2023 by which income limit was enhanced from Rs. 3500/- to Rs. 9000/- and as such, this appellant/petitioner is entitled to receive family pension from 9th November, 2023 and not from any previous date.

The only question which involves in this appeal is that whether the present appellant is entitled to get family pension from immediate date of death of her mother.

It appears that  two income  certificates dated 4th  August, 2023 and  30th November, 2024 were issued by the Block Development Officer, Kolaghat, Purba Medinipur in favour of this appellant. The income certificate dated 4th August, 2023 issued by the authority concerned certified that the annual family income of the appellant/petitioner to be Rs. 60000/- (Rupees Sixty Thousand) and not the individual income of the writ petitioner. The income certificate dated 4th August, 2023 reads as follows:

“The Annual income of her family is Rs. 60000/- (Rupees Sixty Thousand only) from all sources as confirmed and ascertained by causing enquiry of BDO, Kolaghat, Tamluk.”

Whereas the income certificate dated 30th May, 2024 issued by the same authority, that is, the Block Development Officer, Kolaghat, Purba Medinipur certifies the income of this appellant as follows:

“This is to certify that monthly income from all sources of Mrs. Shyamali Maity, D/o Late Prabir Chandra Maity (father), having residence at Vill-Kaurchandi, Village/Ward No. Amalhara (CT), P.O.-Amalhara BO, P.S. Kolaghat, Dist-Purba Medinipur, West Bengal, is Rs. 1000/- (Rupees One Thousand).”

The learned Single Bench when passing the impugned order has relied on the certificate dated 4th August, 2023 and did not appreciate the income certificate dated 30th May, 2024 when both the income certificates were issued by the same authority.

The concerned Gram Pradhan issued income certificate on 13.05.2013 of the appellant certifying her income is “NIL” in the year 2013, the income certificate dated 13.05.2013 certifies as follows:

“Further certificate that she is unmarried and physically handicapped. She was fully dependent on family pension. She has no income. She has not got any help from government.”

The same Gram Pradhan again issued income certificate on 10.11.2021 wherein the said authority has certified the income of this appellant to be of Rs. 12000/- per annum i.e. Rs. 1000/- per month which is in agreement with the income certificate issued by the Block Development Officer dated 30th May, 2024. Virtually, the learned Single Bench did not entertain the prayer of the appellant for getting the family pension from 25.02.2013 following the date of death of her mother on 24.02.2013 and granted family pension only on the basis of the income certificate dated 04.08.2023. When the Block Development Officer issued two income certificates stating different monthly income of the appellant/petitioner, then there would be no illegality in holding the income of the writ petitioner as Rs. 1000/- per month.

Moreover, the Joint Director of Account (S.E.) Purba Medinipur replied vide Memo No. 19/JDA/(EDN)/PUMD/2015 dated 16.04.2015 to an application which was taken out by the appellant under the Right to Information Act that the pension case of the writ petitioner was received by the office of D.I. (S.E.) Purba Medinipur on 16.12.2013 and the same was returned to D.I. (S.E.) Purba Medinipur on 30.12.2013. It would appear from the said reply dated 16.04.2013 that the income of the appellant was less than Rs. 3500/- per month and as such, she was under the zone of consideration of getting family pension.

The income certificate dated 4th August, 2023 issued by the concerned authority certifies the family income of the appellant petitioner and not her individual income. On the contrary the same authority on 30th May, 2024 assessed the individual income of the appellant which establishes the entitlement of this appellant to get family pension from the immediate date death of her mother. When there are discrepancies in the income certificates issued by the same Block Development Officer then it would not be proper to bank upon one income certificates issued by the authority concerned and disbelieve the other income certificate of the petitioner issued by the same authority. The income certificate dated 4th August, 2023 was obtained by the writ petitioner from the concerned Block Development Officer after disposal of writ petition being WPA 25396 of 2017 and after being directed by the Directorate of Pension, Provident Fund and Group Insurance and as such the income certificate dated 4th August, 2023 issued by the authority concerned cannot be treated as a bar in granting the family pension which the writ petitioner is entitled with effect from 25.02.2013.

In view of the above discussion we are of the opinion that the learned Single Bench committed mistake and error in rejecting the prayer of the appellant/petitioner for getting family pension from the immediate date of death of her mother. As such the impugned order is liable to rejected.

Accordingly, the instant appeal is hereby allowed. The impugned order passed by the learned Single Bench dated 28.11.2024 in connection with WPA 23936 of 2024 is hereby set aside.

The appellant petitioner is entitled to receive family pension from 25th February, 2013 being the date following the date of death of her mother. Concerned State respondents are directed to issue revised pension payment order within four weeks from the date of communication of this order thereby sanctioning family pension with effect from 25th February, 2013.

There shall be no order as to costs.

Urgent Photostat certified copy of this order, if applied for, be given to the parties on payment of requisite fees.