Hiranmoyee Das vs The State Of West Bengal & Ors
2024 Latest Caselaw 4439 Cal

Calcutta High Court (Appellete Side)

Hiranmoyee Das vs The State Of West Bengal & Ors on 30 September, 2024

Author: Jay Sengupta

Bench: Jay Sengupta

30.09.2024
Ct. No. 17
Sl. No.22
  NB                      In The High Court at Calcutta
                          Constitutional Writ Jurisdiction
                                   Appellate Side


                                   W.P.A. 23824 of 2024


                                     Hiranmoyee Das
                                            Vs.
                               The State of West Bengal & Ors.


                     Mr. Sourav Mitra,
                     Ms. Sreyashree Choudhury.
                                   ... for the petitioner.

                     Mr. Kamal Kumar Chattopadhyay,
                     Mr. Soumyajit Ghosh.
                                  ...for the State.



                      Affidavit of service filed by the petitioner in Court

             today is taken on record.

                      The petitioner is the widow daughter of a retired

             primary school teacher. She seeks benefit in terms of the

             Government Order being G.O. No.539-SE (P&B) dated

             11.11.2010     read   with   G.O.      No.883-SE    (P&B)   dated

             12.07.2011 and the Government Order No.1114-SE (B)

             dated    24.08.2011     issued    by    the     School   Education

             Department, Government of West Bengal.

                      The petitioner also claims family pension in terms of

             G.O. No.39-SE (B) dated 10.01.2008 issued by the School

             Education Department, Government of West Bengal.
                                   2




          A representation has been made by the petitioner

which is pending consideration before the District Inspector

of Schools (Primary Education), Purba Medinipur.

          The petitioner relies upon the order dated 12 th June,

2024 passed by a coordinate Bench of this Court in WPA

13398 of 2024 (Syed Sufiana Khatun vs. State of West

Bengal & Ors.).

          Learned counsel appearing on behalf of the State

submits that an SLP has been preferred against a similar

order passed in this regard as the one, which has been

relied upon on behalf of the petitioner. However, no interim

order has been granted yet. Only notice was directed to be

issued.

          In view of the above, the instant writ petition is

disposed of by direction the District Inspector of Schools

(Primary Education), Purba Medinipur to consider and

dispose of the petitioner's representation dated 31.03.2023

in terms of the Government Orders mentioned hereinabove.

          A decision shall be taken in the matter at the earliest

by positively within a period of eight weeks from the date of

communication of this order. Reasoned order shall be

passed and communicated to the petitioner immediately

thereafter.

          If the petitioner is found eligible to receive the arrears

of pension and family pension in terms of the aforesaid

Government Orders, then consequential steps for releasing

the amount shall be taken at the earliest.
                                 3




         Learned counsel for the petitioner is directed to

forward a copy of the representation dated 06.05.2022 along

with all documents in support of her claim to the aforesaid

respondent at the time of communicating the order of the

Court.

The aforesaid respondent shall take into

consideration paragraph nos.18 and 19 of the judgment

delivered by the Special Bench of this Court in MAT 1518 of

2019 dated 20th June, 2023 (State of West Bengal vs. Sabita

Roy & Ors.) to the effect that unmarried daughter of an

employee, who retired before 1981 shall also come within

the purview of the Circulars dated 10 th January, 2008 and

13th April, 2010.

The writ petition stands disposed of.

Urgent Photostat certified copy of this order be

supplied to the parties, if applied for, as early as possible.

(Jay Sengupta, J.)