Jharna Bhattacharya vs The State Of West Bengal & Ors
2024 Latest Caselaw 3991 Cal

Calcutta High Court (Appellete Side)

Jharna Bhattacharya vs The State Of West Bengal & Ors on 6 August, 2024

Author: Amrita Sinha

Bench: Amrita Sinha

06.08.2024

Sl. No.30 KB

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side

WPA 13085 of 2024

Jharna Bhattacharya

-versus-

The State of West Bengal & Ors.

Ms. Sabita Khutia (Bhunya) Mr. Krishna Pada Santra ... For the petitioner.

Mr. Rudranil De Mr. Priyabrata Dey ... For the State.

Affidavit of service filed in Court today be

retained with the record.

The petitioner is the widow of a deceased primary

school teacher who died in harness. She is being paid

pension on and from the date of refund of the employer's

share of contribution in terms of the direction passed by

the Hon'ble Division Bench on 9th December, 2015 in

MAT 1598 of 2015 with CAN 10440 of 2015 with CAN

10441 of 2015 (The State of West Bengal & Ors. Vs.

Smt. Jharna Bhattachary & Ors.).

The petitioner submits that in terms of the

judgment passed by the Hon'ble Larger Bench on 30th

September, 2019 in G.A. No.464 of 2018, APOT No.104

of 2006, APO 121 of 2007, G.A. No. 627 of 2006, W.P.

No.1528 of 2002 in the matter of Md. Abdul Ghani vs.

State of West Bengal & Ors. the petitioner would be

entitled to receive the amount on and from the date of

death of the employee and not from the date of refund of

the employer's share of contribution.

This issue in question as to whether the benefit

is to be extended on and from the date of refund of the

employer's share of contribution or from the date of

retirement of the employee has been considered by this

Court in several matters and the consistent view of the

Court is that the benefit ought to be granted on and

from the next date of retirement of the employee.

In the instant case the employee died in harness

on 15th October, 2005 after rendering 30 years 9 months

and 27 days of qualifying service. Had the employee

been alive till his superannuation, then the benefit

would have been allowed on and from the next date of

his retirement. As the employee died prior to

superannuation as such the benefit is liable to be

extended on and from the next date of his death.

In view of the above, the District Inspector of

Schools (Primary Education), Paschim Medinipur is

directed to re-calculate the terminal dues of the

deceased teacher on and from the next date of his death

and ensure that payment is made to the widow

positively within a period of twelve weeks from the date

of communication of this order.

In line with the decision passed by a Co-ordinate

Bench of this Court on 15th April, 2024 in a batch of

writ petitions first of which is WPA 2889 of 2024

(Swapan Kumar Chakraborty -Vs- The State of West

Bengal & Ors), the aforesaid amount shall be paid to the

petitioner along with interest at the rate of 8% per

annum for the period from 1st November, 2019 till the

date of actual payment.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if

applied for, be supplied to the parties expeditiously on

compliance of usual legal formalities.

( Amrita Sinha, J.)