21.03.2025 Court No. 25 D.Hira WPA 11666 of 2019 Sila Sarkar Vs.

The State of West Bengal & Ors.

Mr. Ekramul Bari, Sk. Imtiaj Uddin.

... for the petitioner Mr. Susanta Pal, Mr. Prabir Kumar Ray, ...for the State

1. An order of the Assistant Director of Pension Provident Fund and Group Insurance, West Bengal dated March 18, 2019 is under challenge in the present writ petition.

2. In the said impugned order, on the basis of the audit observations as stated below, the Assistant Director of Pension Provident Fund and Group Insurance, West Bengal has turned down the petitioner’s prayer for grant of family pension due to death of her father, who has been working as an Assistant Teacher and breathed his last on January 27, 1985.

3. The relevant portion of the impugned order is as follows:-

“As per para-6 of G.O. no: 539-

SE(P&B)/SL-SS-61/10(Pt) Dated: 01/11/2010, in the cases of employees of WB recognized non-Govt aided educational institutions who died-in- harness or retired prior to 01/04/1981, the benefit of family pension can be extended only to the living widows of the ex-employees.

Therefore, in this instant case, the benefit of family pension cannot be extended any further as the wife of t