Alaka Jana vs The State Of West Bengal & Ors
2024 Latest Caselaw 4499 Cal

Calcutta High Court (Appellete Side)

Alaka Jana vs The State Of West Bengal & Ors on 3 September, 2024

Author: Amrita Sinha

Bench: Amrita Sinha

03.09.2024.
    PB
Sl. No.51.

                         In The High Court At Calcutta
                         Constitution Writ Jurisdiction
                                 Appellate Side

                               WPA 20923 of 2024


                                   Alaka Jana
                                       Vs
                         The State of West Bengal & Ors.



              Mr. Sourav Mitra,
              Mr. Sreyasree Choudhury.
                                .....for the petitioner.

              Mr. Bimalendu Das,
              Mr. Arun Kumar Saha.
                              .....for the State.


                    The petitioner is the widow of a deceased

              primary school teacher. She seeks relief in terms of

              the Government Order No.749-SE(L)/55-56/13 (Pt)-V

              dated 13th June, 2014

                    It appears that the teacher, as long as he was

              alive till 11th November, 2020, did not exercise his

              option to avail the benefit of the said Government

              Order. After the death of the teacher, the widow has

              come forward to get the benefit.

                    The petitioner relies upon the judgment passed

              by the Hon'ble Division Bench on 26 th July, 2023 in
                            2




MAT 146 of 2019 in the matter of (The State of West

Bengal & Ors. Vs. Muktimoyee Pal (Dey) & Ors.).

      Reliance has also been placed on the order

passed by the Hon'ble Division Bench on 24 th August,

2023 in FMA 620 of 2018 with IA No. CAN 1 of 2017

(Old No.CAN 7452 of 2017) (State of West Bengal &

Ors. Vs. Sefali Jana & Ors.).

      In the matter of Muktimoyee Pal (Dey), the

teacher herself approached the Court by filing a writ

petition which was carried up in appeal by the State

respondents and order was passed holding that the

employees who exercised their option to come under

the purview of ROPA, 2009 may not be required to file

any further option.

In the instant case, the teacher never filed any

option. He was not aggrieved by the act of the

respondent authorities in not giving him the benefit in

terms of the Government Order dated 13 th June, 2014.

Whether as this stage, the widow may be

permitted to pursue the case in the absence of the

deceased teacher is to be decided. Will the inaction on

the part of the teacher to seek benefit under the

subject memo not amount to waiver of his right to

claim the benefit, is also an issue which is to be

decided.

The respondents are directed to file affidavit in

opposition within four weeks. Reply, if any, be filed

within a fortnight thereafter.

Liberty to mention for hearing.

(Amrita Sinha, J.)