JUDGMENT :

Debangsu Basak, J.

1. A Note appended to paragraph 26 of the West Bengal Recognized Non-Government Educational Institution Employees (Death cum Retirement Benefit) Scheme, 1981 is under challenge in the present writ petition.

2. Learned Advocate appearing on behalf of the petitioner submits that, the Note is discriminatory. It is contrary to the law of succession. It is contrary to the Notification dated January 13, 1997 issued by the Finance Department. By the Note, family pension receivable by one of the widows of the deceased employees ceased upon the death of such widow, when she does not leave behind any other heir. He submits that, the Notification dated January 13, 1997 of the Finance Department allows the share of such widow to be received by the surviving widow. Therefore, there is an apparent discrimination between the employees of the State Government and teachers employed by the State Government. Such a discrimination is violative of Article 14 of the Constitution of India. The petitioner is entitled to receive the family pension of the other widow of her deceased husband. In support of such contentions, he relies upon 1983 SCR (2) 165 (D.S. Nakara & Ors. Vs. Un