Legal heirs are entitled to provident fund and gratuity but not family pension as per scheme definitions regarding eligibility.

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 Nadia. While serving in the school at Nadia, the said Assistant Teacher breathed his last on January 13, 2002.

4) It has been stated in the writ petition that at the time of his death, the said Assistant Teacher left as his legal and successor, the following persons namely, his mother, two sisters and the original writ petitioner that is, his brother. In the writ petition it has been stated that the Assistant Teacher (now deceased) was the sole bread earner of the family and the entire family as above stated, was dependent on him.

5) It has further been stated that wife of the said Assistant Teacher has contracted her second marriage on March 12, 2003. Thus, she no longer belonged to the family of the said Assistant Teacher (now deceased). The mother of the deceased person has made an application before the school Authority praying for grant of family pension in her favour. By providing supporting document, it has been stated further that the school Authority has forwarded the same to the respondent No. 3/District Inspector of Schools, Secondary Education, Nadia on May 9, 2012. It has been submitted that the respondent authority has never acted upon the said application for grant of family pension, till date.

6) The mother of the deceased Assistant Teacher has also died on May 19, 2014. The original writ petitioner thereafter filed his representation before the Authority on April 16, 2017 with his prayer for grant of gratuity, provident fund and other service benefit of the deceased brother of him and the family pension. Allegedly, the said representation has also remained unattended till date.

7) The original writ petitioner has stated in the writ petition that he obtained a succession certificate from the competent Court on November 13, 2017. However, in spite of producing all the necessary documents before the concerned respondent Authority no action has ever been taken thereupon in order to disburse the provident fund, gratuity or other terminal benefits and the family pension in favour of the said writ petitioner. Hence, the first writ petition was filed by the said original writ petitioner being No. W.P. 17359 (W) of 2017. The Court in its order dated June 22, 2018, while disposing of the said writ petition, directed the respondent Authority to consider petitioner’s prayer as above.

8) Record has further revealed that, vide a letter dated December 13, 2019, the Headmaster of the school has informed the original writ petitioner to answer the following queries raised by the Assistant Director of Accounts, Secondary Education, Nadia, in connection with his prayer. The queries are as follows:-

“1. The deceased Teacher’s mother Smt Namita Chatterjee was not fully dependent upon her son as she received Monthly Pension. In April, 2014 she received Rs. 8283/-