Narayan Chandra Mondal LL.B. Advocate

,High Court, Calcutta Bar Association Room No.1

Resident & Chamber 240 B, Pathak Para Road,

Behala, Kolkata-700060 Behind Bazar Kolkata

Permanent Resident Vill. Ghorarash, P.S. Basirhat

(N) 24 Parganas Mob: 9674279068/9163905092

Dated: 11.05.2016 Ref.No

To

1. The Id. Govt. Pleader, High Court, Calcutta

2. The State of West Benagl,service

through the Secretary, Education Department(S.E) , Bikash Bhaban, Salt lake

City, Kolkata-700091.

3. The Director of Industrial Training

Vocational Training Institute, West Bengal,

(OPP. To UNI World City) 2nd Floor, 8/7,

Action Area III New Town, Rajarhat,

Kolkata-700156.

4. The Director of Pension,Provident Fund and Group Insurance, Govt. of West

Bengal, Purta Bhawan , Salt Lake City,

Kolkata-700091.

5. The Superintendent,Bipradas Pal Chowdhuri Junior Technical School at

present Bipradas Pal Chowdhuri Industrial

training centre, P.0-Krishnanagar, Dist:

Nadia. Pin-741101 .

6. The Treasury Officer, Krishnanagar

P.O& P.S- Krishnanagar, Dist:Nadia, Pin-

741101. In re: W.P. No 9%/0(w) of 2016

Smt. Sulekha Ray Petitioner

-Versus- State of West Bengal and others

....Respondents

Dear Sir (s),

Enclosed please find herewith the copy of the Writ petition on behalf of the petitioner above named

which speaks for itself has been filed today and the same will appear as listed motion before His Lordship The

Hon'ble Justice Sanjib Banerjee on 18.05.2016 and /or so soon thereafter.

Thanking you

Enclo : As stated above Adv or at

o

District: Nadia

In The High Court at Calcutta

Constitutional Writ Jurisdiction

(Appellate Side)

W.P. No. 8560 (W) of 2016

In the matter of:

An application under Article 226

of the Constitution of India;

-And-

Subject matter relating to: Service

Under Group-VI; Head- of

the Classification List.

:Cause Title:

Smt. Sulekha Ray

....Petitioner

-Versus-

State of West Bengal & Ors.

....Respondents

Advocate-on Record:

Narayan . Ch. Mondal Advocate

High Court, Calcutta Bar Association, Room No.1.

District Nadia

In The High Court at Calcutta

Constitutional Writ Jurisdiction

(Appellate Side)

W.P. No. (W)of 2016

In the matter of:

An application under Article 226

of the Constitution of India;

-And-

In the matter of :

Smt. Sulekha Ray

....Petitioner

-Versus-

State of West Bengal & Ors.

....Respondents

INDEX

Si. No. Particular of the documents Annexure Pages

1. Writ Petition 1 to

2. Xerox Copy of the appointment

letter dated 03.02.1966 P/1

3. Xerox Copy of the Election duty for

the year of 1967 P/2 V ri4b

4. Xerox Copy of the Duty list dated

24.03.1970 P/3 01-1

5. Xerox Copy of the death certificate

Dated 20.11.1977. P/4

Sl. No. Particular of the documents Annexure Pages

6. Xerox Copy of the representation

dated 16.09.2009 P/5

7.

12.04.2006

ft6

Xerox copy of the order dated

29.08.2013 passed in W.P No.

18443 (W) of 2009

9. Xerox copy of the P.P.0 dated

10. Xerox copy of the representation

dated 11.08.2015 pig

11. Xerox copy of the two Govt.

Circulars P/9

List of dates

02.08.1942 Date of birth of the petitioner's Husband;

31.01.1966 Husband of your petitioner applied for the post of

skilled workman Electric;

03.02.1966 Appointment letter was issued as temporary ;

31.03.1967 Permanently appointed;

1967 Appointed as polling officer in the General

Election;

24.03. 1970 List of duties were issued

20.11.1977 Date of death during service time ;

12.04.2006 Impugned memo was issued

16.09.2009 Representation made by the petitioner

2009 W.P. No.18443 (W) of 2009 was filed

29.08.2013 W,P. No 18443 (W) of 2009 was disposed of

08.07.2015 PPO was issued w.e.f. 16.06.2009

11.08.2015 Representation submitted by the petitioner

Short Point of Law

i. Whether the petitioner is entitled to get family pension w,e.f

01.04.1981 or not ?

. Whether the effective date of PPO i.e 16.06.2009 is justified

or not?

iii. Whether the respondent authorities have acted illegally and

in arbitrary manner by not releasing all the retiral dues

including family pension w.e.f 01.04.1981 is justified or not?

iv. Whether the petitioner is entitled to get all the arrears with

effect from 01.04.1981 to 15.06.2009 with 12% compound

interest over the arrear amount with immediate effect or

not?

v. Whether the respondents are bound to rectify the PPO with

immediate effect by putting effective date i.e 01.04.1981 and

there by release all arrears .

vi. Whether the whole acts on the part of the respondents are

bad illegal, malafide and unsustainable in law or not?

District: Nadia

In The High Court at Calcutta

Constitutional Writ Jurisdiction

(Appellate Side)

W.P. No. (W) of 2016

In the matter of:

An application under Article 226

of the Constitution of India;

-And-

In the matter of;

A writ of the nature of Mandamus

and/or Certiorari and/or

Prohibition and/or any other writ

or writs, order or orders, and/or

direction or directions;

-And-

In the matter of ;

Violation of Articles 14,16,19 and

21 of the constitution of India;

-And-

In the matter of:

Illegal and arbitrary acts of the

respondents by not making

payment of family pension from

01.04.1981 to 15.06.2009;

-And-

In the Matter of:

Illegal acts of the respondents by

not considering the

representation dated 11.08.2015

for making payment of family

pension;

-And-

In the matter of;

Illegal acts of the respondents by

issuing PPO dated 08.07.2015

wherein effective date was given

16.06.2009 in place of

01.04.1981

-And-

In the matter of ;

Smt. Sulekha Ray wife of late

Moni Ray, 1 No, Kundu Bari

Lane, Chowdhurypara, P.0-

Krishnagar, Dist: Nadia, Pin-

741101

.... Petitioner

-Versus-

1. The State of West Benagl,

service through the Secretary,

Education Department (S.E),

Bikash Bhaban, Salt Lake City,

Kolkata - 700091.

2. The Director of Industrial

Training Vocational Training

Institute, West Bengal, (OPP. To

UNI World City) 2nd Floor, 8/7,

Action Area III New Town,

Rajarhat, Kolkata-700156.

3. The Director of Pension,

Provident Fund and Group

Insurance, Govt. of West Bengal,

Purta Bhawan, Salt Lake City,

Kolkata-700091.

4. The Superintendent,Bipradas

Pal Chowdhuri Junior Technical

School at present Bipradas Pal

Chowdhuri Industrial training

centre, P.O-Krishnanagar, Dist:

Nadia. Pin-741101

5. The Treasury Officer,

Krishnanagar P. 086 P.S-

Krishnanagar, Dist:Nadia, Pin-

741101.

....Respondents

To

The Hon'ble Mrs. Manjula Chellur, Chief Justice And Her

companion justices of the said Hon'ble Court.

The humble petition on behalf of

the petitioner above named

Most Respectfully Sheweth :

1. That your petitioner is a widow and citizen of Indian and

she is permanently residing at the address given in the cause tide

to this petition.

2. Your petitioner states that the husband of your petitioner

namely Moni Ray appeared in School Final Examination but did

not qualified and his date of death is 02.08.1942. The husband of

your petitioner obtained Trade Certificate in wireman Trade from

D.G.E.T.

Your petitioner crave leave to produce the said certificates,

before this Hon'ble Court at the time hearing.

3. Your petitioner states that on 03.02.1966 the husband of

your petitioner was appointed as skilled workman, Electric

(Group-D Staff) in Bipradas Palchowdhuri Junior Technical

Industrial Training Centre). The said School is a Govt. aided and

unaided institution.

Xerox copy of the appointed letter is annexed hereto and

mark with letter-P/ 1.

But is mention here that the appointment letter of the

husband was permanently approved on 31.03.1967.

4. Your petitioner states that in 1967 the husband of your

petitioner was appointed as polling officer in the General Election.

Xerox copy of the said appointment letter is annexed

hereto and mark with letter-P/2.

S. Your petitioner states that on 24.03.1970 the

superintendent of the B.P.C. Jr. Tech School allotted the list of

duties wherefrom the name of the husband of your petitioner is

appearing

Xerox copy of the said list is annexed hereto and mark with

letter-P/3.

6. Your petitioner states that during the serving time on

12.11.1977 the husband of your petitioner become ill and

immediately admitted in the District Hospital at Nadia and on

20.11.1977 the husband of your petitioner died leaving behind

7,

your petitioner as widow and two sons who are still unployed the

Hospital authority issued death certificate on 20.11.1977.

Xerox copy of the death certificate is annexed hereto and

mark with letter-P/4.

7. Your petitioner states that immediately after the death of

the husband of your petitioner to save the lives of the wards of the

deceased your petitioner prayed for compassionate appointment

as well as the family pension including death -cum- retire]

benefits, but only your petitioner was appointed on compassionate

ground but no pension and/ or family pension and death- cum-

retiral benefits have been paid till today.

8. Your petitioner sates that several time your petitioner

requested to the respondent No. 4 and 5 to take necessary steps

for releasing family pension and death -cum-retiral benefits to

your petitioner, but the said respondents always assured that they

are taking necessary steps and very soon it will be released.

9. Your petitioner states that finding no other alternative

your petitioner made a representation on 16.09.2009 to the

respondent authorities praying interalia to release the arrear

family pension and death -cum-retiral benefits, but no steps have

been taken till date, moreover the respondent authorities told that

your petitioner is not entitled to get any death-cum-retiral benefits

including family pension

Xerox copy of the representation dated 16.09.2009 is

annexed hereto and mark with letter-P/5.

10. Your petitioner sates that the office of the respondent, your

petitioner came to know that as per Memo No. 126- SE(B)/ lm-23/

2006 dated 12.04.2006 issued by the Joint Secretary, School

Education Department, modified the G.O. No. 163- Edn (B) dated

14.06.1990 and also withdrawn the G.O No. 1690-SE(Pry) dated

20.12.2001and as a result the right to get pension or family

pension has been struck down .

Xerox copy of the impugned memo dated 12.04.2006 is

annexed hereto and mark with letter-P/6.

11. Your petitioner state that the impugned memo dated

12.04.2006 has been infringed the fundamental rights of the

petitioner and as such the said memo dated 12.04.2006 is bad

illegal, unsustainable in law and liable to be quashed.

12. Your petitioner submits that the memo no. 163- Edn(B)

dated 15.06.1990 had been introduced as per the order of this

Hon'ble Court and as such question of modification and/or cattle

the right to get pension or family pension who retired prior to

01.04.1981 is bad, illegal and unsustainable in law.

13. Your petitioner submits that in the similar circumstances

so many decisions/Judgments have been delivered by this Honble

Court by granting pension/ family pension who retiral prior to

01.04.1981 and the petitioner of the said cause have been getting

their family pension.

Your petitioner crave leave to produce the decision, before

this Hon'ble Court at the time hearing.

14. Your petitioner states that finding no other alternative your

petitioner filed a Writ Petition being W.P No.18443 (W) of 2009

praying for family pension with arrears and the said writ petition

was heard and disposed on 29.08.2013 by the Hon'ble Justice

Sanjib Banerjee by directing the respondents to ensure that the

10)

petitioner is in a position to start receiving the family pension

within a period of three months from the date.

Xerox copy of the certified copy of the order dated

29.08.2013 is annexed hereto and mark with letter-P/7.

15. Your petitioner states that for violation of said order your

petitioner moved an application for contempt of court being

C.P.A.N No. 2541 of 2014 and thereafter the respondents

preferred an appeal being No MAT No. 192 of 2015 with CAN NO,

1600 of 2015 and CAN No. 1601 of 2015 which were dismissed by

the Hon'ble Division Bench presided over by the Honble Justice

Ashim Kumar Banerjee as His Lordship then was.

16. Your petitioner states that thereafter the respondents

issued a PPO on 08.07.2015 in favour of your petitioner which

was given effect from 16.06.2009 in place of 01.04. 1981.

Xerox copy of the PPO is annexed hereto and mark with

letter-P/8.

17. Your petitioner states that finding no other alternative on

11.08.2015 your petitioner submitted a representation praying for

rectification of PPO by requesting the respondents to take

IX=

necessary steps so that your petitioner may receive the family

pension w.e.f 01.04.1981 which she is entitled to get, but no steps

have been taken till date

Xerox copy of the representation dated 11.08.2015, postal

receipts and delivery report are annexed hereto and mark with

letter-P/9 collectively.

18. Your petitioner states that state of West Bengal issued two

Govt. Orders dated 01.11.2010 and 12.07.2011 wherein it is

clearly stated that your petitioner is entitled to get family pension

w.e.f 01.04.1981.

Xerox copy of the two Govt. Circulars are annexed hereto

and marked with letter-P/10 collectively.

19. That being aggrieved by and dissatisfied with the acts on

the part of the respondents, your petitioner is filling the instant

application under Article 226 of the Constitution of India on the

following amongst others.

GROUND

I. For that the respondents have acted illegally and arbitrary

manner by not releasing death cum retiral benefits

12

including family pension with effect from 01.04.1981 to

15.06.2009 which the petitioner is entitled to get;

II. For that the acts of the respondents by releasing family

pension in favour of the petitioner w.e.f 16.06.2009 in

place of 01.04.1981is highly illegal and unsustainable in

law as the respondents most illegally with held the amount

since 1985 and as such the respondents are bound to pay

12 % compound interest over the total arrear amount ;

III. For that the respondents have acted illegally by withhold

the payment of the petitioner according to the will of the

respondents which is bad, illegal and colourable exercise

of the administrative power;

IV. For that the whole acts on the part of the respondents bad,

illegal and unsustainable in law ;

V. For that the respondents are bound to rectified the PPO

dated 08.07.2015 by giving effect from 01.04.1981 in place

of 16.06.2009.

11. Your petitioner states that challenging the impugned action

no other application has been filed previously in any other Court

of Law and /or in this Hon'ble Court at Calcutta.

12. That there is no other alternative speedy and efficacious

remedy and the relief herein asked for, if granted will be complete,

cheap and expeditious.

13. That this application is made bonafide and for the ends of

justice.

In the above circumstances it is

most humble prayer that your

Lordships may graciously be

pleased to pass an order as

follow:

a) A Rule asking the

respondents and each one of

them to show cause as to why a

writ in the nature of Mandamus

shall not be issued commanding

them to release the death cum

retiral benefits including family

pension with effect from

01.04.1981 to 15.06.2009 with

12% compound interest over the

said amount within a period of

fortnight from the date of the

order;

b) Issue a writ in a nature of

Mandamus by directing the

respondents to release the death

cum retiral benefits including

family pension with effect from

01.04.1981 to 15.06.2009 with

12% compound interest over the

said amount within a period of

fortnight from the date of the

order;

c) A writ in the nature of

certiorari directing and/or

commending the respondent

authorities to transmit the record

relating to the case so that

conscionable justice may be done

by passing appropriate order after

perusal of the same.

d) An order or orders by

directing the respondent

authorities and each one of them

to release the death cum retiral

benefits including family pension

with effect from 01.04.1981 to

15.06.2009 with 12% compound

interest over the said amount and

rectifiy the PPO dated 08.07.2015

within a period of fortnight from

the date of the order;

e) Rule NISI in terms of prayer

(a),(b) and (c) above

.1) Interim order directing the

respondents specificallythe

respondents No. 2 to 5 to release

the death cum retiral benefits

including family pension with

effect from 01.04.1981 to

15.06.2009 with 12% compound

interest over the said amount

within a period of fortnight from

the date of the order;

g) Ad-interim order in terms of

Prayer (f)

h) Any other or further order or

orders and/or direction or

directions as this Hon'ble Court

may deem fit and proper.

And your petitioner as in duty bound shall ever pray.

(-(4

Deponent is known to me

Clerk to: Mr. N.C. Monde]

yirf C CA-1- e -KAI" t<2•:).__

AFFIDAVIT

I, Smt. Sulekha Ray wife of late Moni Ray,aged about 62+, by

faith- Hindu, by occupation- retired person, residing at 1 No.

Kundu Bah Lane, Chowdhurypara , P.O-Krishnagar, Dist: Nadia,

Pin-741101, do hereby solemnly affirm and say as follows:

1, That I am the petitioner of the instant case and as such I am

well acquainted with the facts and circumstances of the case.

2. That the statements made in paragraph No. I to Le

H Iti are true to my knowledge and the statements made in

paragraph No. 5,t D-- I ewill derives from the records which I

verily believe to be true and the rests are my respectful

submission before this Hon'ble Court.

Prepared in my office.

N.t • Oiti.,,, -41-ThC

Advocate

Advocate I certify that all annexures Are legible

IQ • C Advocate

Solemnly affirmed before me

on this the y of May,

2016

Commissioner.

A e._ LK-311_,F

Phone-K gr. 113

Bipradas Pal Chowdhuri junior Technical School. P. 0. KRISHNAGAR, Dist. NADIA. WEST BENGAL

.

Dale 3 2 . 194,6

Tit Shri Moni Roy. c/o.shri TUrna Chandra Roy.

Chowdturipara,Kriehnagar.

Nadia.

Ref:- His Application dt/- 31.1.66 for the post of Skilled Workman, Electric.

With reference to his application' dated 31.1.66, the

undersigned is pleased to give him temporary appointMent in the post of Skilled Workman, Electric on a pay of

Rs.

100/- plus D.A. of Es. 10/- in the scale of B8.100-3-136-4-

140/, The appointment is purely temporary and liable to

be terminated at any time without assigning any reason

thereof. He is directed to join the post immediately.

No. T.A. is admissinle for joining the appointment.

seerrusfy,6 a_LA Bipradas Pal Chowdhury Junior Technical School, Krishnagar.

Copy to Shri P.G.Das, Instructor,Electric for information,

A v. iv‘e pe

5k .2

ke°511A

NADIA DISTRICT

General Elections-1967 LETTER OF APPOINTMENT

KO310 Polling Party No To: , 1, set rivistit Cr erlstradaripin Paws

• Iftwendra lath Blawast L.D.C./n/ /

3. * WI, nab tranidushastraatorsteaktionahmal/ peffing Officer.

*XVII Roy, S.X.Mgri Teohasohody, Polling Officer.

5. ~ arab* ;Laker TaaaheryPahonala Primary Polling Officer,

6. a Ursa Chandra Das, Paan/h7 / Polling Officer.

Re : FOURTH. GENERAL ELECTIONS-1967.

In exercise of the powers conferred upon ritre,byffie Election Commission with their -Notification No. 508/WI3/55 dated 211 L I7GG, I hereby appoint you as Presiding. Officer/Polling Officer as indicated above, to conduct elections both in respect of the Parliamentary and the Assembly Consth tuencies on the date at the Polling Station as per chart overleaf. The Polling Officer at Serial No. 2 above M authorised to perform the functions of the Presiding Officer at the Polling Statham:in the absence of the Presiding Officer and pecson at Serial No. 6 is auttitrided to perform the duties of C-d Polling Officer..

N. B.:: (a) The Polling parties on polling duty should report to the

respective Sector Officer at 8 A.M./2ePaMai8--Pt4: on 17. 2. G7/18. 2. 67. for palling duty. It is yOur personal responsibility io reach/ the:Sector Office in time. The Parties willing to avail of; trans ort from Krishnagari Ranaghat to Sectoi OfficcifLw report to the transport assembly point's at Colleen:mate Com- Pound/S. D/O's Office, Ranaghat as per Chart shown on the reverse under the Column "Transport Sector.

(b) Failure to. reach the Cppointed place by the appointed time will be regarded as a grave derelication of official

• duty punishable with a

aline, of Rs. 500/' under section 124

of the Representation of the People Act, 1951. No exemption or leave .wifl be granted except on grounds of illness and must be. supported by a cert(Ificate-from the Chief Iviedical Officer Of l-Iealth, Nacita.i.At the,•SectCr Office yoi: will pleaie follO'W the direCTIOns Of the iaeetekr Officer.

• 41

I • •

( B. N. Chaudhuri ) District. Election Officer, Nadia

District Magistrate, Nadia.

Fre/siding Officer,

a' ling ()Nicer..

Saraswati Przac—Itrishusgat.

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Name— Sex— Religion— -44-C---A-•-•-w-- Age— 1—t o Occupation— X Address— c—kt) , kz)v•-•"fl--ex "-}"•••• C....t

, Date of Admission— .1)

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District itost,..4, Nadia.

( Office on duty ) Resident Medical Officer.

Date of death— 1_0 — t ( -1) 0 •

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DISTRICT : NADIA

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION

(APPELLATE SIDE)

W.P.NO ,Q2,1 (w) of 20 09. In the matter of :

An application under Article 226

of the Constitution of India ;

-And-

In the matter of :

A writ of and/or writs in the nature

of Mandamus and/or Certiorari and/or

Prohibition and/or any other writ or

writs and/or order or orders and/or

direction or directions ;

-And-

442.0 PEE LIsd.551:tot,,S+2,`:==c-,

In the matter of ;

The West Bengal Recognised Non -

Government Educational Institutions

Employees (Death-cum-Retirement

Benefit) Scheme. 1969 and the

- 2

subsequent notifications made

thereunder ;

-And-

In the matter of Inaction on the part of the respon-

dents by not releasing the death-

cum-retinal benefits of the petitioner

due to sudden death of her husband

namely Muni Roy, Skilled Workman,

Electric, Bipradas Pal Choudhuti

Junior Technical School, P.O, -

Ktishnanagar, District - Nadia ;

-And-

In the matter of

Illegal acts on the part of the

respondents by not taking any

steps for releasing the death -

cum-retinal benefits including

family pension since 1.4.1981 to

- 3

uptil date inspite of repeated

requests and application ;

-And-

In the matter of :

The respondent authorities are

bound to pay 18% compound interest

over the total arrear amounts to

the petitioner which have fallen

due to sudden death of her husband;

-And-

In the matter of :

Impugned notification dated

12,4.2006 issued by the Joint

Secretary, School Education

Department, Govt. of West Bengal,

under Memo No, 126-SE(e)/IM-23/

2006 ;

-And-

In the matter of :

SMT, SVLEKNA ROY,

wife of Late Moni Roy,

1 No, Kundu Bari Lane, Chowdhurypara,

P.O. Krishnanagat, Dist. Nadia.

PETITIONER

- Versus -

1. The State of West Bengal,

service through the Secretary (P,E),

Department of Education, Bikash

Shaven, Salt Lake City,

Kolkata - 700 091.

2, The Director of School Education,

Govt, of West Bengal, Salt Lake City,

Bikash Phavan, Kolkata - 700091.

3. The Accountant General (A&E),

West Bengal, Treasury Building,

Kolkata - 700 001.

•••

4

4, The Director of Industrial

Training, Govt. of West Bengal,

Bikash Bhawan (10th Floor), North

Block, Salt Lake City, Kolkata-91 ;

5. The Superintendent Bipradas Pal

Chowdhuri Junior Technical School

at Present Bipradas Palchowdhuti

Industrial Training Centre, P.O.

Krishnanagar, Dist. - Nadia.

5

()-', - -tm„.. te."-- eic 3-4-4-1j ‘;411,197.<-‘) co-r--A- • (1-: I (2—

. .

q P-e't-h-4(tr' Nov-rots.)- rw-A) De C 3frrrz

tvLPWev-Ala-/ 5-cn/1"4L-- — i

e*tez w._a_too.,_ 1 swt4_ bult-4—

e_eji.3. UCiff- 9

5. The Treasury Officer,

Ktishnanagat, District - Nadia.

RESPONDENTS ------------

l'o? ()21)

Office notes. reports. Orders or proceedings with signature

62 9.08.2013 W.P. 18443 (W) of 2009 Smt. Sulekha Ray

Vs. State of West Bengal & Ors.

Mr. N. C. Mandal Ms. Anita Khatri Mr. Sankar Sarkar Ms. Sipra Maity

.for the Petitioner

The respondents are not represented.

It is submitted on behalf of the petitioner that by

a letter dated May 24, 2013, the relevant Industrial

Training Institute has forwarded the pension papers to

the Director of Industrial Training, West .Bengal for

release of the family pension to the petitioner.

W.P. 18443 (W) of 2009 is disposed of by

directing the appropriate authorities to ensure that all

formalities are completed such that the petitioner is in

a position to start receiving the family pension within a

period of three months from date The added

respondent No.7, the Director of- Pension, Provident

Fund and Group Insurance, should take appropriate

steps in terms of this order.

There will be no order as to costs.

Urgent certified website copies of this order, if

applied for, be given to the parties upon compliance of

the requisite formalities.

o( (Sanjib Banerjee, J.)

Q-71 -10/g/

From,

Smt. Sulekha Roy, wife of late Moni Roy

1, Kundu Ban Lane, Chowdhurypara,

P.O. Krishnanagar, Dist. Nadia, Pin - 7411016_

Date : 11.08.2015

To,

1. The Director of Industrial Training vocational Training

institute, West Bengal (Opp. To UNI World City), 2nd Floor,

B/7, Action Area - III, New Town, Rajarhat, Kolkata - 700

156, (Previously Technical Education).

2. The Director of Pension, Provident Fund Group

Insurance, Govt. of West Bengal, Purta Bhawan, Salt Lake

City, Kolkata - 700 091.

Sub. Rectification of PPO No. ITC/I/CAL/K

/00008/2015 dt. 08.07.2015

Respected Sir(s),

With due respect I beg to State that my husband was a

Group D' staff of Bipradas Pal Chowdhuri Junior Technical

School at present renamed as Bipradas Pal Chowdhuri Industrial

Training Centre and during service period my husband died on

20.11.1977.

That I am entitled to get family pension with effect from

01.04.1981 as per G.O. No. 136-Edn.(B) dated 15.05.1985

alongwith the Modified G.O. 539-SE (P & B) SL-SS-61/10 (Pt) dt.

01.11.2010 and G.O. No. 883/SL/SS-61/10 (Part) dt. 12.07.2011.

That I moved writ petition being W.P. No. 18443 (W) 09

before the Hon'ble Justice Sanjib Banerjee and on 29.08.2013. His

lordship directed to release family pension within three months

from the date of communication of the order. A contempt

proceeding is pending for violation of the said solemn order. You

also moved an appeal against the said order which was also

dismissed,

That on 8.7.2015 you issued PPO No.

ITC/I/CAL/K/00008/2015 under Memo No, K/1/00007/2015

wherefrom it is appearing that arrear family pension has been

given effect from 16th June, 2009, though I am entitled to get the

same w.e.f. 01.04.1981 to uptil date.

I failed to understand on what basis you to have

sanctioned the same w.e.f. 16.06.2009 instead and place. of

1.4.1981.

In this circumstances I humbly request you to take

necessary steps by rectifying the PPO and release arrear family

pension w.e.f. 1.4.1981 to 15.06.2009 immediately for the interest

of Justice.

Thanking you Yours faithfully

faVertinr

Enclo : Xerox copy of P.P.O. (Sulekha Roy)

Sulekha Roy LETTER - 4

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From,

Smt. Sulekha Roy, wife of late Moni Roy

1, Kundu Ban Lane, Chowdhurypara,

P.O. Krishnanagar, Dist. Nadia, Pin - 741 01%.

Date : 11.08.2015 To,

1. The Director of Industrial Training vocational Training

institute, West Bengal (Opp. To UNI World City), 2nd Floor,

B/7, Action Area - III, New Town, Rajarhat, Kolkata - 700

156, (Previously Technical Education).

2. The Director of Pension, Provident Fund Group

Insurance, Govt. of West Bengal, Purta Bhawan, Salt Lake

City, Kolkata - 700 091.

Sub. Rectification of PPO No. ITC/I/CAL/K

/00008/ 2015 dt. 08.07.2015

Respected Sir(s),

With due respect I beg to State that my husband was a

Group `D' staff of Bipradas Pal Chowdhuri Junior Technical

School at present renamed as Bipradas Pal Chowdhuri Industrial

Training Centre and during service period my husband died on

20.11.1977.

That I am entitled to get family pension with effect from

01.04.1981 as per G.O. No. 136-Edn,(B) dated 15.05.1985

alongwith the Modified G.O. 539-SE (P & B) SL-SS-61/10 (Pt) dt.

01.11.2010 and G.O. No. 883/SL/SS-61/10 (Part) dt. 12.07.2011.

That I moved writ petition being W.P. No. 18443 (W) 09

before the Hon'ble Justice Sanjib Banerjee and on 29.08.2013. His

lordship directed to release family pension within three months

from the date of communication of the order. A contempt

proceeding is pending for violation of the said solemn order. You

also moved an appeal against the said order which was also

dismissed.

That on 8.7.2015 you issued PPO No.

ITC/I/CAL/K/00008/2015 under Memo No. K/1/00007/2015

wherefrom it is appearing that arrear family pension has been

given effect from 16th June, 2009, though I am entitled to get the

same w.e.f. 01.04.1981 to uptil date.

I failed to understand on what basis you tio have

sanctioned the same w.e.f. 16.06.2009 instead and place of

1.4.1981.

In this circumstances I humbly request you to take

necessary steps by rectifying the PPO and release arrear family

pension w.e.f. 1.4.1981 to 15.06.2009 immediately for the interest

of Justice.

Thanking you

Yours faithfully

jOrni'Xir Pr

Enclo : Xerox copy of P.P.O. (Sulekha Roy)

Sulekha Roy LETTER - 4

• GovernMent of West Bengal School Education Department, Budget Brandi Blkash Bhawin, Salt lake City, Kolkata-700091

5 39 - If ) ISC-SS —4110lor)

MEMORANDUM

Sub. : Pension/Fan-Illy Pension In, respect of the employees who retired or died in harness prior to 01.04.1981 under the West Bengal Recognized Non-Government Aided Educational Institutions

The School Education Departrtient has received a number of representations from different corners seeking clarification on the'entitlement of penelon/farnlly pension in respect of the employees under the West Bengal Recognized Non-Government Aided: Educational Institutions (hereinafter referred to as employees) who retired or died In harCiess prior to 01.04.1981 under the West Bengal Recognized Non-Government Aided Educational Institutions. This Department has also received several orders passed by the Hon'bie High Court at Calcutta directing the respondent authorities tia extend pension/family,pensiorf under the West Bengal Recognized Non-Government Educational institution Employees (Death-Cum-Retirement Benefit) Scheme, 1981(hereinafter referred to as DCRB Scheme/ 1981) to the petitioners who served the West Bengal Recognized Non-Government Aided Educational instItUtions and who retired or died in harness prior to 01.04.1981. zip The DCRB 5Chems, 1981 came into force with effect from 01.04.1981 in terms of -this Department's Notification No. 136 - End (B) dated 15,05.1983 for the employees who were in service as on 01.04.1981 under the West Bengal Recognized Non-Government Aided Educational institutions.

Subsequently, in terms of G.O. No.1.63 - Edn (B) dated 15.05.1990, the benefit of the DCRB Scheme, 1981 was. extended to the teaching and' non-teaching employees covered by the aforesaid scheme, Who retied prior to 01.04.1981 on the same terms'and conditions.subject to due adjustment of pension and ex-gratia Increases and aforesaid as were or are being drawn by such pensioners. 2. In terms of G.O. No, 1610-Edn (5) dated 17.08,1958 with effect from 01.04.1966, the Pension Scheme for the employees of the Secondary Schools was introduced and in terms of G.O. No.

2299 Edn (P) dated 12.12.1972 with effect from 01.04.1968, the Pension Scheme for the Primary Schools teachers was introduced. These two Pension Schemes are referred to as 'Old Pension Scheme'.

3. It has also been observed by this Department that the following categories of the employees were not covered under DCRB Scheme,1981:-

a) those employees who retired/died prior to IntrochictIon of the 'Old Pension Scheme' (before 01.04.1966 in case of the employees of Seconder(' Schools under the West Bengal Recognized Non-Government Aided Educational Institution and before 01.04.1968 In case of the primary school teachers- under the Vest Bengal Recegnized Non-Government Aided Educational Institution;

b) those employees who retired prior to Introduction of the 1981 pension Scheme but rendered more than one year approved qualifying service but less than 10 years approved qualifying service;

c) those primary school teachers (who were appointed before 01.04.1968) whose terminal benefits were settled by oayingtotitribUtory Provident. Fund and GratuitY as per their anti on

Contd P/2

under rule 26 of the School -Education Departments Notification No. 3767-Edn dated

1.11.1935;

d) those employees who retired prior to Introduction of the DCRB Scheme, 1981. and enjoyed pension as per 'Old Pension Scheme' till death before issuance of G.O. No. 163-Edn (B) dated

15-37D.1998;

e) those employees who died in harness prior to 01.04.1981 after rendering approved qualifying service for 20 years or more. In such cases family pension for 5 years was sanctioned as per provision of the 'Old Pension Scheme' but stopped at the expiry of 5 yeirs

(before 15.06.1990) from the date of the death of the Incumbent;

those employees who died in harness prior to 01.04.1981 after rendering at least one year's approved qualifying service but not more than 20 years' approved qualifying service; end

g) those employees who died in harness or retired in between the period form 01.04.1981 to 30.06.1990 (bath days are Inclusive) before exercising any option under the. DCRB Scheme,

1981.

4. Hence, the extension of pensionary benefit to the ernployees or their widows to the above categories was under the active consideration, of the State Government for sometime past. After

considering the fact, as a social security measure, the Governor has been pleased to extend pensionary benefit. under DCRB ScReme, 1981 to such Widows of those employees who retired or died in harneaXprlor to 01,04.1981, If the concerned employees rendered at least on year's approved qualifying service In.the West Bengal Non-Government Aided Educational Institute's. The employees of sash categories may also be brought under the purview of the DCRB Scheme, 1981. The financial benefit may be given with effect front 15,06.1990 or from the date of application far pension/family pension whichever is later. The category as Mentioned under para-3(g) above also

shall also come within the ambit of this order,

5. In case of primary school teachers, District. Inspector of Schools (Primary Education) shall be the Pension Sanctioning Authority whereas the Director of School Education, West Bengal or any officer (s) authoriSed by Government, on his behalf Thafi be the Pension Sanctioning Authority in respect of the employees of Secondary Schools tinder the West Bengal RecOgrized Non-Government Aided

Educational Institutions.

6. The benefit should be extended only to the living ex-employees (as mentioned under para-3

above) or their living widows, as the case may be.

7. Retirement benefits, If received by the employees In the old scheme should be adjusted/ refunded

to the Government under the appropriate heqd of account.

8. The Director, Pension, Provident Fund and Group frisurance, West Bengal shall issue Pension

Payment Order in all cases.

9. in case of pension or family pension in respect of primary school teacher, on receipt of duly filled Comprehensive. Forms as per G.O. No. 88- SE (B) dated 26,05.1998 from the ex-employee or the living widow of the ex-employee as the case may be, the teacher Head Teacher/ Teacher-In-Charge of the concerned Printery School will verify and submit the same to the Sub-Inspector of Schools concerned who will further verify the particulath of the incumbent within 30 days from the date of receipt arid submit the same alongwith Service Book to the District Inspect& of Schools (PE) for onward transmission of the same immediately to the Director, Pension, Provident Fu'od and Group

Insurance, West Bengal for issuance of Pension Payment Order immediately as per West Bengal

r

Contd....P/3

Recognized .Nbrl-Goverhment Educlittooal Institution Employees (beath—cumiftetirem.ent Benefit ) Scheme, 1981.

10. in earre-of the. pensissilooly pension in respect of employees of Ktorrdary St.111Jois under the West Bengal Recognized Non-Government Aided Educational Institutions, on receipt of duly filled Comprehensive Forms as per G.O. No, 88- SE (8) dated 26.05.1998 from the ex-employee or the

living widow of the ex-employee as the case may be, the Head of the institution of the Concerned School will 'verify and submit the sante alongwIth Service Book to the District inspector of Schools (SE) concerned, who will further verify the particulars of the Incumbent within 30 days from the date of receipt and submit the same immediately to the Director, Pension, Provident Fund and Group Insurance, West Bengal for Issuance' of Pension Payment Cfrdec Immediately was per West Bengal Recognized Non-Government Educational Institution Employees (Death —cum-Retirement Benefit ) Scheme, 1981.

11. The Director, Pension, Provident Fund and. Group insurance, West Bengal be Informed accordingly.

• 12. The Principal Accountant General (A &E), West Bengal may issue Pension Payment Order in respect of those pension cases received prior to Issuance of this order.

13. This order issues with the concurrence of the Finance Department, Government of V¢pst Bengal Pension Branch under their U.O. 642 0 (Pen) dated 08.10.2010.

Joint Secre a

5 :31_11(l‘i — cps No • A .

Dated, Kolkata, ---------- ------ 2010

Copy forwarded for information and taking necessary action to:- 1. The Director of School Education, West Bengal, Bikash Bhawan, Salt Lake City, olkata-

70009. 2. The Director, Pension, Provident Fund and Group Insurance, West Bengal. 3. The Principal Accountant General (A &E), West Bengal, Treasury Buildings, Kolkata 700001. 4-24. The District Inspector of Schools (SE), Darjeeling, Siliguri, Jalpalgurl, Uttar Dinajpur, Dakshin

Dinajpur, Coach Behar, Malda, Murshidabad, Blrbhum, Bankura, Purulia, Burdwan, Nadia, Howrah, Hooghly, Paschim Medlnlpur, Purba Medinlpur, North 24 Parganas, South 24 Parganas, Kolkata, Barrackpore

25-44. The District Inspector of Schools (PE), Darjeeling, Siliguri, Jalpalgurl, Uttar Dlnajpur, Dakshin Dinajpur, Cooch Behar, Maida, Murshidabad, Birbhum, Bankura, Purulla, Burdwan, Nadia, Howrah, Hooghly, Paschim Medinipur, Pufka Medinipur, North 24 Parganas, South 24 Parganas, Kolkata.

\Y)

Joint Secretary

GOVERNMENT OF WEST BENGAL School Education Department,

Budget Branch

No. 29-SE(B)/IM-76/2010 MEMORANDUM

: KoIkata, the 28th February, 2011

MEMORANDUM

Sub.: Revision of pensions' .of the retired teachers who refired prior to 01E1.2006 of the

D.A. getting schools. In cancellation f previous orders No. 222-SE(B) dt. 01.12.10 and No. 20-SE(r • dt.

4411. the undersigned is directed to say that the question of modification. of, rules 02

,..Aranting pensionary benefits to these categories of employees (employees of.D.A. getting

-,schools receive pension according to No.72-SE(B) dt. 19.05.2009) has been under native

consideration of School Education Department.

---', 2.7After careful consideration of the matter, the Govt. in School Education Department

is hereby pleased to make partial modification of rule 20i) of No, 72-SE(B) dt. 19.05.2009. The revised rule 200 of No.72-SE(13) dt.. 10.05:2009 stast, as folloivs

— . 2. (ii) Those who retired prior to 01.01. 2006tifforpective of pay scale under ROPA '81, '86 or '98)are allowed 20% increase in their exfsting pension w.e.f. 01.01.2006.iThis 20% increase w.e.f. 01 .01.2006.as notional and they will get the actual benefit w.e.f.

II 11

01.04,2008. The minimum monthly pension still remains at Rs. 1,650/- 3. This order issues with the concurrence of Fin(Pension) Deptt. U.O. No. 636 dt..

I 16.11.10. Sd/- S. K. Taraphder. O.S.D. & ex-officio Cry. Secy.

GOVERNMENT OF WEST BENGAL .

• School Education Department Sal

No.: 883/SUSB-61/10' (pan) Dated : Kolkata, 12.07.2011

MEMORANDUM

Sub. :Date of effect of Pension/Fanilly Pension under GO. No. 539-SE (P&B)/51153-5ll

f.

‘ 10 (part) dated 01.11.2010.

A question has been raised by various Pension Sanctioning Authorities as to the date

it of effect of pension or family pension as a social security measure as sanctioned :nder G.O. No. 539-SE (P&B)/SL/5S10 (part) dated 01.11.2010 issued by this Department in respect of the employees as mentioned under pars 3 therein particularly in

view of the

orders from various enches of t the Hon'l Hih Court at Calcutta in this regard.

After careful consideration of t nbov

be,e the

g Governor has been pleased to direct the

Pension •0

Authority that the benefits under G.O. No. 539-SE (P&BAL/55-61/

LO (part) dated 01.11.2010 shall be &vin to he retired living 'employees o a social

security measure as per terms and conditions contained therein with effect from 01.0 t.1981 or from the date following the date of retirement of employee whichever is lat ... The benefits of family pension as a social security measure.under the said

So. No. f 29-SE

(P&B)/S1-/5S-61/10 (part) dated 01.11.2010 shall ,also be given to the living spouse of the

k. deceased employees as mentioned in pare 3 of theilaid Gith effect from 01.04.1981

or from the date following the date of death of the employee% whichever ii later. . In case where Pension Payment Orders have already bein

isPensisued foll

Paymeowi

nt'Ord ng the GO.

No. 539-SE (P&B)/SU5S-61/10<part) dated 01.11.2010, revised on Orders

shall be issued by the PensionPayment Order issuing Authority, g:to ive further effect in

terms'of the present memorandum. This order issues with the'concurrence of the Finance Departmek

GO;t1Tittlent OrWisi

Bengal Pension Branch under their U.O. 369 F (Pen) dated 07.07'4011. on. ..

...., By Order orthe Governor,:

' , Secretary.''

District: Nadia

In The High Court at Calcutta Constitutional Writ Jurisdiction

(Appellate Side)

W.P. No. g (W) of 2016

In the matter of: An application under Article 226 of the Constitution of India;

-And-

In the matter of: Smt. Sulekha Ray

__Petitioner -Versus-

State of West Bengal & Ors.

....Respondents

:Petitioner:

Narayan.Ch.Mondal Advocate

High Court, Calcutta Bar Association, Room No.1.