Simarani Banerjee v. the State of West Bengal and Ors.
Case brief
What is this about?
Family pension; unmarried daughter; widowed/divorced daughter; deceased employee; widow pensioner; District Inspector of Schools (Primary Education) Birbhum; rejection set aside; Memorandum No. 539-SE(P&B)/SL-SS-61/10/(Pt.) dated 01.11.2010 para 6 living ex-employees widows; Memorandum No. 96-SE dated 13.04.2010 mechanism; scheme of 1981; retirement prior to or after 1st April 1981; Special Bench Larger Bench binding precedent judicial discipline; The State of West Bengal & Ors vs Sabita Roy; MAT 1518 of 2019; CAN 10437 of 2019; SLP Supreme Court; PPO issuance; disbursement within four months; eight weeks timeline; Calcutta High Court; WPA 17275 of 2024; Amrita Sinha J.; writ petition disposed.
What did the court decide?
Writ petition disposed of: the reasoned order dated 28th May, 2024 of the District Inspector of Schools (Primary Education), Birbhum rejecting the family pension claim is set aside; the DIS(P.E.), Birbhum is directed to process the petitioner's family pension claim in accordance with law within eight weeks, and, if conditions are fulfilled, to ensure issuance of PPO and disbursement of pension within four months from communication of the order.