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2025 Supreme(Online)(Cal) 2606
CALCUTTA HIGH COURT
Partha Sarathi Chatterjee, J
Nirupama Das – Appellant
Versus
The State of West Bengal & Ors. – Respondent
WPA 5616 of 2022
For the Appellants/Petitioners: Mr. Shibaji Kumar Das, Mr. Dipendu Sarkar
For the Respondents: Mr. Biswabrata Basu Mallick, Mr. Biman Halder
Entitlement to pension and retirement benefits confirmed, emphasizing fair procedural process for claims despite initial delays.
Headnote:(A) Writ of Mandamus - Claim for pension and death-cum-retirement benefits - Applicant seeks issuance of Pension Payment Order along with family pension following husband’s death in service after 17.5 years - Delay in application due to lack of documentation - RTI application rejected - Court directs District Inspector of Schools to adjudicate claim. (Paras 1, 5, 9)
(B) Right to Information Act, 2005 - Application for information regarding service records - Initial rejection on grounds of Act not in force at the time of death - Subsequent provision of documents by school authority.
Facts of the case:
The petitioner, the wife of a deceased teacher, seeks pension and benefits due to her husband's death after 17.5 years of service.
Findings of Court:
The District Inspector must decide the claim, ensuring the petitioner has a reasonable opportunity to be heard before issuing a reasoned order.
Issues: Whether the petitioner is entitled to claim advantages related to her husband’s service benefits after a delay in filing.
Ratio Decidendi: The court condones the delay due to the petitioner's efforts to obtain necessary documentation and mandates a fair process for the disbursement of benefits.
Result: Writ petition disposed of with specific directions.
An octogenarian lady has approached this Court with the present writ petition, seeking issuance of a writ of mandamus directing the concerned respondents to issue the Pension Payment Order (in short, PPO) in her favour, and to release the family pension along with all other death-cum- retirement benefits accruing to her on account of the demise of her husband.
Succinctly stated, the facts giving rise to the institution of the present writ petition are that the petitioner’s husband was employed as an Assistant Teacher at Ramchandrapur Pallimangal Vidyapith (H.S.) Colony (hereinafter referred to as "the school"), situated in Village Thakurnagar, District North 24 Parganas. His appointment was duly approved with effect from 1st March, 1963.
After rendering continuous and unblemished service for a period of seventeen and a half years, the petitioner’s husband unfortunately died in harness. He was survived by the present petitioner, his lawful spouse. However, the family pension and other death-cum-retirement benefits that became due and payable to the petitioner upon the demise of her husband have not been disbursed to her by the concerned authorities. Aggrieved by such inaction and denial of her rightful entitlements, the petitioner has been constrained to approach this Hon’ble Court by filing the present writ petition.
The affidavit in opposition filed on behalf of the respondent no.6 is taken on record. Petitioner submits that the petitioner is not inclined to file reply thereto.
Mr. Das, learned Advocate appearing for the petitioner, in his usual fairness, candidly submits that there was a delay on the part of the petitioner in approaching the appropriate authority for claiming the death-cum-retirement benefits, including family pension. He submits that the petitioner was not in possession of certain essential service- related documents pertaining to her late husband. He further submits that the petitioner made earnest efforts and moved from pillar to post in an attempt to collect the requisite service records of her deceased husband; however, despite her best efforts, she was unable to obtain the necessary documents, and all such attempts ultimately proved futile.
As a last resort, the petitioner approached the concerned school authority and submitted an application under the relevant provisions of the Right to Information Act, 2005 , seeking access to the service-related records of her late husband. However, the said application was initially rejected on the ground that the Right to Information Act had not been in force at the time of her husband’s demise. Aggrieved by such rejection, the petitioner was left with no alternative but to prefer a statutory appeal under the provisions of the said Act, challenging the order of denial. Thereafter, certain documents were provided to the petitioner.
Mr. Das further submits that it has now come to the notice of the District Inspector of Schools, as well as the authorities of the said school, that the petitioner’s husband, after rendering service for nearly seventeen and a half years as an Assistant Teacher, died in harness. Despite this, no benefits, including family pension and other admissible death-cum-retirement benefits, have thus far been extended in favour of the petitioner.
He submits that a direction be given to the competent authority to take all necessary and appropriate steps for releasing the family pension and other admissible dues accrued to the petitioner by virtue of the death of her husband.
Mr. Halder, learned Advocate appearing for the State, submits that the State has no objection if the issue is remitted to the District Inspector of Schools with a direction to consider and decide upon the petitioner’s claim.
Having heard the learned Advocates for the respective parties and upon perusal of the records, I am of the considered view that there is no justification for keeping this writ petition pending any further.
Admittedly, certain documents have been furnished to the pet
