Manjura Khatun vs The State Of West Bengal & Ors
2023 Latest Caselaw 7381 Cal

16.11.2023
 (D/L-10)
   Ct.-18
 (Susanta)

                                       W.P.A. 24096 of 2023

                                        Manjura Khatun
                                            -Vs-
                                The State of West Bengal & Ors.

                  Mr. Sakti Pada Jana,
                  Mr. Subhajyoti Das,
                                         .... For the Petitioner.
                  Mr. Nabhajit Prasad Basu,
                  Mr. Prashant Kumar Tripathi,
                                             .... For the State.


                  The husband of the petitioner was an Assistant Teacher

             of Sasati Nahala Abinash High School, District- Howrah, who

             died-in-harness on November 11, 2013.

                  The prayer of the petitioner for family pension is

             pending consideration before the District Inspector of Schools

             (S.E), Howrah, the respondent no.4 herein.

Mr. Nabhajit Prasad Basu, learned advocate appears on

behalf of the State respondents and files the instruction

bearing memo No. 263/LS dated October 10, 2023 which he

has received from the said respondent no.4, let it be kept

with the record.

In view of the judgment of the Special Bench of this

Court in the case of District Inspector of School (S.E),

Kolkata vs. Abhijit Baidya, reported in 2013(3) CHN (Cal)

711 and subsequent decisions of the two Division Bench of

this Court in MAT 1598 of 2015 and FMA 620 of 2018, the

issue regarding the entitlement of the petitioner to get such

pension though has been sought to be disputed in the said

instruction but is no longer res integra,

The respondent no. 4, therefore is directed to prepare a

report calculating the amount required to be refunded by the

petitioner to get the benefit of such pension, such report be

filed on the next date of hearing.

The matter be included in the Combined Monthly List

of December 2023.

(Biswajit Basu, J.)