Nilima Ghosh vs The State Of West Bengal & Ors
2023 Latest Caselaw 6738 Cal

121.   04.10.2023                         WPA 14610 of 2015
bd.    Ct.15
                                         Nilima Ghosh
                                               -vs-
                                   The State of West Bengal & Ors.

                    Mr. Sandip Ghosh                          ... for the petitioner.

                    Mr. Ayan Banerjee
                    Ms. Debasree Dhamali
                    Ms. Riya Ghosh                           ... for Bally Municipality.

                            The writ petition is heard in presence of the
                     learned advocates representing the petitioner and
                     Bally Municipality. Petitioner is an unmarried
                     daughter of an employee of Bally Municipality who
                     is seeking family pension due to death of her father
                     who superannuated prior to 1st April, 1981.


                               According to the petitioner, in view of the
                     Judgment dated 20th June, 2023 delivered by the
                     Special   Bench       and     the       observation    made      in
                     paragraph 19 of the said judgement petitioner is
                     entitled to receive family pension.


                               Mr.        Banerjee,            learned      advocate,
                      representing Bally Municipality has contended that
                      Death-cum-Retirement Benefit Scheme, 1981 is
                      applicable in case of teacher and non-teaching
                      employees      working       in    non-Government            aided
                      secondary schools and the said scheme may not be
                      applicable     in     case        of     employees      of     the
                      municipalities       and      local        bodies.    Therefore
                      according to the learned advocate representing the
                      municipality straightway the judgment dated 20th
                      June, 2023 may not apply in the present case.
                           2




      Considering the issue involved in this writ
petition this Court finds that representation on
behalf of the State respondents is necessary.

Learned advocate for the petitioner is directed to serve notice upon the learned Government Pleader in order to ensure representation on behalf of the State respondents on the next date.

Let a notice enclosing copy of the order and the copy of the writ petition be served upon the learned Government Pleader by 9th October, 2023 and affidavit of service to be filed on the next date.

List the matter for further consideration under the heading "Hearing Group-V (Municipality) for Disposal" on 16th October, 2023.

(Saugata Bhattacharyya, J.)