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IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Ranu Chatterjee – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. legal heirship and dependency on deceased teacher (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments regarding family rights to benefits (Para 8 , 9 , 10 , 11) |
| 3. interpretation of eligibility for gratuity and family pension (Para 12 , 13 , 14 , 15 , 16) |
| 4. conclusion on entitlement for benefits (Para 17) |
| 5. final order and directions of the court (Para 18 , 19 , 20) |
JUDGMENT :
Rai Chattopadhyay, J.
1) The original writ petitioner having died during pendency of the instant writ petition, his wife has been substituted herein, in his place.
2) The present writ petition is to seek redress of the grievance of the original writ petitioner that he being the brother of the deceased Assistant Teacher, has not been granted with the terminal benefits after demise of his brother during the tenure of his service and also the family pension to which the dependent family of the deceased Assistant Teacher is entitled to, after his death.
3) The brother (now deceased) of the original writ petitioner (now deceased) was appointed as the Assistant Teacher of Labpur Gadallal High School, Birbhum on January 18, 1999. Thereafter, he was transferred from there to Shondanga High School at District Na
Legal heirs are entitled to provident fund and gratuity but not family pension as per scheme definitions regarding eligibility.
The court established that family pension benefits for disabled children should not be denied based on the retirement date of the parent, promoting social justice.
Point of law: it is the spouse of a deceased employee who is entitled to the family pension upon the death of the concerned employee engaged in any government organisation. In the present case, the r....
The court affirmed the petitioner's entitlement to death benefits as the legal heir, directing authorities to reconstruct the service register and pay the amounts due, while denying the family pensio....
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