W.P 30947(W) of 2017
Sri Hemanta Bairagya
The State of West Bengal Ors.
Mr. Prasenjit Debnath … For the petitioner
Mr. Saugata Bhattacharyya,
Mr. Bhaskar Chakraborty ….. For the State
Affidavit-of-service filed by the petitioner be kept on record.
Mr. Debnath, learned advocate appearing for the petitioner submits that
the petitioner’s mother was appointed and approved as a Group-D staff in
Srikhanda Ushangini Girls’ School (in short the said school) in the year 1982.
On the basis of a complaint, an F.I.R was registered against the petitioner’s
mother and others on 26th July, 2008 and a criminal case being Katwa Police
Station case no. 209 of 2008 dated 26th July, 2008 under Sections
498A/304B/34 of the Indian Penal Code was registered against the petitioner
and others. The petitioner’s mother was arrested but subsequently she obtained
bail and applied to the school authorities to resume her duties.
Upon consideration of such prayer of the petitioner’s mother, the school
authorities allowed the petitioner’s mother to resume her duties on and from 2nd
of January, 2009 and she ultimately retired from her service on 31st March, 2013
but thereafter no steps have been taken by the respondents to disburse the
pensionary benefits of the petitioner’s mother to which the petitioner and his
brother and two sisters are entitled to. As such, the petitioner submitted a
representation to the respondent no.5, being the pension sanctioning authority,
to take steps for disbursement of the admissible benefits but the same was not
responded to. As such, the petitioner approached this Court. Drawing the
attention of this Court to a judgment dated 29th April, 2017 passed by the
learned Additional Sessions Judge, Katwa, Mr. Debnath submits that all the
accused persons were found not guilty of the charges and they were acquitted.
Prior to delivery of such judgment the petitioner’s mother expired on 4th of
January, 2016. In such circumstances, there can be no reason to withhold the
disbursement of the pensionary benefits of the petitioner’s mother.
Drawing the attention of this Court to a document annexed at page 29 of
the writ petition, Mr. Bhattacharyya, learned advocate appearing for the State
respondents submits that certain observations were made by the auditing
authority and it needs to be ascertained as to whether the information and the
records sought for had been furnished by the school authorities.
Upon hearing the learned advocates appearing for the respective parties
and upon considering the materials on record, I am of the opinion that no useful
purpose will be served by keeping the writ petition pending and the same needs
to be relegated to the pension sanctioning authority, being the respondent no.5,
for taking appropriate steps towards disbursement of the pensionary benefits of
the deceased Group-D staff to her legal heirs since the criminal case has already
been disposed of by a judgment dated 29th April, 2017.
Accordingly, this Court directs the respondent no.5 to consider the
petitioner’s representation dated 9th November, 2017 and to take appropriate
steps towards disbursement of the admissible pensionary benefits of the
deceased Group-D staff in favour of her legal heirs and to issue necessary
direction to that effect by a reasoned order, upon granting an opportunity of
hearing to all the legal heirs of the deceased Group-D staff and the school
The above exercise shall be completed by the respondent no.5 within a
period of eight weeks from the date of communication of this order along with a
copy of the writ petition.
The respondent no.5 would be at liberty to call for all necessary records
from the school authorities including the documents referred to in the memo
dated 21st September, 2012 issued by the Joint Director of Accounts (Edn),
Burdwan annexed at page 29 of the writ petition.
It is made clear that the school authorities and the petitioner shall extend
all assistance to the respondent no.5 to enable him to take appropriate steps to
comply with the directives contained in the present order.
With the above observations and directions the writ petition is disposed of.
There shall, however, be no order as to costs.
Urgent photostat certified copy of this order be supplied to the parties on
compliance of all formalities.
(Tapabrata Chakraborty, J.)