Subala Mondal vs The State of West Bengal & Ors.

Affidavits-of-service are filed. In spite of service College has chosen to go unrepresented. Petitioner is widow of a deceased person who was working as cook. Mr. Chaudhury, learned advocate appears on her behalf and draws attention to memorandum dated 28th October, 2014 and submits, thereby posthumous conferment of status and consequent pension benefits of non-teaching Hostel/Mess employee was to be conferred upon the deceased husband of his client. This would entail the benefits of General Provident Fund and Pension. He submits, his client has been paid gratuity but posthumous conferment of status and consequent pension benefits have not been given to her. She made a representation dated 2nd April, 2017 to the concerned authorities being the Principal of the College, Director of Public Instruction and the Account General of West Bengal. He submits, this representation has not been considered and disposed of. His client''s deceased husband is entitled to posthumous conferment of status and consequent pension benefits. He seeks appropriate directions.

Mr. De, learned advocate, appears on behalf of State and submits, upon a direction being made the representation will be considered. His instructions are that whether or not the person was appointed is a matter that needs to be gone into and will be gone into for the purpose of ascertaining him being covered by the said memorandum. Mr. Roy, learned advocate appears on behalf of Account General of West Bengal and submits, the sanctioning authority has not forwarded any papers to his client.

The college is directed to send within two weeks to the office of Director of Public Instruction, the papers and documents connected with the deceased husband of petitioner in the matter of her claim. The Director of Public Instruction will then consider the said representation of the petitioner. For that purpose a hearing may be called for, if felt necessary. This exercise should be completed within a period of four weeks following receipt of papers and documents from the college. The decision taken should be made known to the petitioner. Mr. Chaudhury''s submission is recorded that upon the Director of Public Instruction finding in favour of his client, the decision should also be forwarded to the Account General with follow up action and disbursement. In that event the disbursement should be made within a period of four weeks after the decision is made known. The writ petition is disposed of.