Syed Hamidul Hasan vs The State Of West Bengal & Ors
2022 Latest Caselaw 2855 Cal

     95
13.05.2022

Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

WPA 15062 of 2018

Syed Hamidul Hasan Vs.

The State of West Bengal & Ors.

Mr. Ashok Kumar Jena Mr. Sk. Omar Sarif Mr. Kingshuk Mondal ... For the petitioner

Mr. Biswabrata Basu Mallick Ms. Rajlakshmi Ghatak ... For the State

On behalf of the petitioner, a Notification dated

25th August, 2015, bearing no.4677-F-(J)WB, is made

over to the Court, which is taken on record.

After considering the Notification, I find that the

West Bengal Non-Government Educational Institutions,

Local Authorities and Other Institutions Employees

(Death-cum-Retirement Benefits) Audit Rules, 2015

(hereinafter referred to as the "2015 Rules") has come

into effect from the date of the said Notification i.e., 25th

August, 2015. The 2015 Rules in the First Scheduled

has included the Death-cum-Retirement Benefit

Scheme, 1985 (hereinafter referred to as the "1985

Scheme") and, as such, the same has been brought

within the ambit of the 2015 Rules. The petitioner

further says that under the 1985 Scheme, the definition

of "family" as in clause 6(g) includes "widowed

daughters" and submits that a widowed daughter should

also be considered to be entitled to family pension as per

clause 9 of the 2015 Rules, though widowed daughter is

excluded from the family pension under the provisions of

clause 29 of the 1985 Scheme. The petitioner also relies

upon a judgment reported in (2014) 2 Cal LJ 325

(Purnima Das v. State of West Bengal & Ors.).

On behalf of the State, it is submitted that till

now they have not been able to ascertain whether clause

29 of the 1985 Scheme has been amended to bring in

widowed daughter as a person entitled to receive family

pension. An adjournment is sought for on behalf of the

State to ascertain subsequent changes, if any, to clause

29 of the 1985 Scheme.

Let this matter be adjourned till 10th June, 2022.

(Arindam Mukherjee, J.)