Ila Kundu vs The State Of West Bengal & Ors
2023 Latest Caselaw 5317 Cal

18.08.2023
 (D/L-17)
   Ct.-18
 (Susanta)


                                   W.P.A. 4623 of 2023

                                       Ila Kundu
                                        -Vs-
                            The State of West Bengal & Ors.

                   Mr. Dilip Kumar Maiti,
                                        .... For the Petitioner.
                   Mr. Pinaki Dhole,
                   Md. Ziaur Rahaman,
                                              .... For the State.


                   The petitioner is the unmarried daughter of a

             deceased Group-'D' Staff of a Secondary School.

                   The Joint Director Pension, Provident Fund

             and    Group       Insurance,   Finance   Department,

             Government of West Bengal by his order dated

             April 13, 2010 has rejected the prayer of the

             petitioner for family pension holding that family

             pension is admissible only to the living Widows of

             the Ex-teachers and has communicated his said

             decision to the District Inspector of Schools (S.E),

             Krishnanagar, Nadia, the respondent no. 4 herein

under Return Memo no. K/RM/S/00103/23 dated

April 28, 2023.

In view of the judgment of the Special Bench

of this Court delivered on June 20, 2023 in MAT

No. 1518 of 2019 (The State of West Bengal &

Ors. Vs. Sabita Roy), the said decision is required

to be revisited.

The concerned authority, therefore, is directed

to reconsider the prayer of the petitioner in light of

the aforementioned judgment of the Special Bench

within a period of four weeks from the date of

communication of this order.

W.P.A. 4623 of 2023 is disposed of with the

above terms without any orders as to costs.

Urgent photostat certified copy of this order, if

applied for, be supplied to the parties subject to

compliance with all requisite formalities.

(Biswajit Basu, J.)