Jyoti Prasad Chatterjee vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 1386

BISWAJIT BASU
Jyoti Prasad Chatterjee – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Petitioners: Sakti Pada Jana, Subhajyoti Das.
For the Respondents: Bhaskar Prasad Vaisya, Suman Dey.

JUDGMENT :

BISWAJIT BASU, J.

1. Whether a disabled child of an approved teacher of Non Government/Aided educational institutions who retired prior to April 01, 1981 is entitled to family pension is the issue falls for consideration in the instant writ petition.

2. The father of the petitioner was an assistant teacher of Muktokeshi Gour Mohan Das High School, District-24 Parganas (South). On attaining the age of superannuation, he had retired from his service on March 31, 1981 and died on October 09, 1983.

3. The petitioner, being the 100% blind son of the deceased teacher, applied for grant of family pension after the death of his mother who was a family pensioner. A representation of the petitioner with the said prayer was pending before the Commissioner of School Education, West Bengal and the District Inspector of Schools (S.E.), District-24 Parganas (South), the respondent nos. 2 and 4 herein respectively. The petitioner, alleging delay in disposal of the said representation had filed a writ petition being WPA 3414 of 2021 which was disposed of vide order dated February 09, 2021 directing the respondent no. 2 to consider the said prayer of the petitioner.

4. In compliance with the s

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