Narayan Chandra Mondal LL.B. Advocate - SARTHAC

Narayan Chandra Mondal LL.B. Advocate

F-'igh Court, Calcutta Bar Association Room No.1

Resident & Chamber 240 B, Pathak Para Road,

Behala, Kolkata-700060 Behind Bazar Kolkata

Permanent Resident Vill. Ghorarash, P.S. Basirhat

(N) 24 Parganas Mob:9674279068/9163905092

Ref. No ......

To 1. The Ld. Govt. Pleader, High Court, Calcutta 2. The Director/Commissioner, Govt. of West Bengal, Bikash

Bhaban, Salt Lake City, Kolkata-700091. 3. The Director of Pension,Provident Fund and Group

Insurance, Govt. of West Bengal, Purta Bhawan , Salt Lake City, Kolkata-700091.

4. The District Inspector of Schools (P.E) North 24 parganas, Champadali More, P.O.+P.S . Barasat, Dist. North 24 Parganas, Kolkata-700124.

5. The Chairman ,North 24 parganas District Primary School Council, 97/97A, KNC Road, P.O+P.S- Barasat,Dist: North 24 Parganas, Kolkata-700124.

6. The Sub- Inspector Of Schools, Hasnabad South Circle, P.0 — Simulia Kali Bad, P.S- Hasnabad,Dist: North24 Parganas, Pin-743426.

7. The Treasury Officer , Basihat, P.O& P.5- Basihat, Dist:North 24 parganas, Pin-743411.

Dated:03.03.2016

In re: W.P. No (-I 1 3.6 (w) of 2016 Smt. Rani Das

.... Petitioner -Versus-

State of West Bengal and others

Dear Sir (s), ....Respondents

Enclosed please find herewith the copy of the Writ petition on behalf of the petitioner above named which speaks for itself has been filed today and the same will appear as listed motion before His Lordship The Hon'ble Justice Tapabrata Chakraborty on 10.03.2016 and /or so soon thereafter.

Thanking you

Enclo : As stated above Yours faithfully

NOAA-LA-9 \

Advocate

District: North 24 Parganas

In The High Court at Calcutta

Constitutional Writ Jurisdiction

(Appellate Side)

W.P.No. (-4 (W) of 2016

In the matter of:

An application under Article 226 of the Constitution of India;

-And-

Subject matter relating to:

Education

Under Group-II; Head-(H)of the

Classification List.

:Cause Title:

Smt. Rani Das

....Petitioner

-Versus-

State of West Bengal & Ors.

....Respondents

Advocate-on Record:

Narayan . Ch. Mondal Advocate

High Court, Calcutta Bar Association, Room No. 1.

District: North 24 Parganas

In The High Court at Calcutta

Constitutional Writ Jurisdiction

(Appellate Side)

W.P.No. (W)of 2016

In the matter of:

An application under Article 226

Of the Constitution of India;

-And-

Smt Rani Das

....Petitioner

-Versus-

State of West Bengal & Ors.

....Respondents

INDEX

Sl. No. Particular of the documents Annexure Pages 1. Writ Petition 1 to 13 2. Xerox Copy of the School Final

Certificate P/ 1 / 9 Xerox Copy of the Appointment

letter dated 11.01.1962 P/2 / 3. Xerox Copy of the Death Certificate

dated 24.11.1984 and 25.09.1989 P/3 /"( gfrtA /

4. Xerox Copy of the heirship certificate

dated07.10.2015 P/4 ig 5. Xerox Copy of the representation

dated 02.02.2016 P/5 / 7 m,,-„? 20

List of dates

26.03.1937 Date of birth of the petitioner's Husband;

1954 Pass'ed School Final Examination;

11.01.1962 husband of the petitioner was appointed as an

Asstt. Teacher of Srifaltala Adibashi Free Primary

School Within Hasnabad South Circle ;

02.01.1984 Husband of the petitioner died ;

24.11.1984 Department of Health issued death certificate

25.09.1989 Head teacher of Srifaltala Adibashi Free Primary

School Within Hasnabad South Circle issued

death certificate ;

07.10.2015 Prodhan of local Gram Panchayat issued heirship

Certificate;

02.02.2016 Representation was refused to accept ;

22.02.2016 Representation was send through speed post

Short Point of Law

i. Whether the respondents are bound to release the death

cum retiral benefits to the petitioner due to sudden death of

her husband namely Santosh Kumar Das on 02.01.1984

when he was in service as Primary School Teacher under the

Sub- Inspector of the School, Hasnabad South Circle or not?

H. Whether the respondents have acted illegally and in

arbitrary manner by not releasing the family pension to the

petitioner with effect from 03.01.1984 to uptill date due to

sudden death of her husband which is justified or not?

iii. Whether the respondent authorities have acted illegally and

in arbitrary manner by not releasing all the retiral dues

including family pension is justified or not?

iv. Whether the petitioner is entitled to get all the arrears with

effect from 03.01.1984 to up till date with 12% compound

interest over the arrear amount with immediate effect or

not?

v. Whether the respondents have acted illegally by not

considering the representations made by the petitioner is

justified or not?

vi. Whether the whole acts on the part of the respondents are

bad illegal, malafide and unsustainable in law or not?

District: North 24 Parganas

In The High Court at Calcutta

Constitutional Writ Jurisdiction

(Appellate Side)

W.P. No. (W) of 2016

In the matter of:

An application under Article 226 Of

the Constitution of India;

-And-

In the matter of;

A writ of the nature of Mandamus

and/or Certiorari and/or Prohibition

and/or any other writ or writs, order

or orders, and/or direction or

directions;

-And-

In the matter of ;

Violation of Articles 14,16,19 and 21

of the constitution of India;

42-

-And-

In the matter of:

West Bengal Primary Education Act

and the Rules framed thereuneder;

-And-

In the matter of:

Illegal and arbitrary acts of the

respondents by not making payment

of family pension from 03.01.1984 to

uptil date on the ground excess

payment was made;

-And-

In the Matter of:

Illegal acts of the respondents by not

considering the representation dated

02.02.2016 for making payment of

family pension;

-And-

In the matter of ;

Smt. Rani Das wife of late Santosh

Kumar Das, Vill- Bhawanipure, P.0-

5

Bhurkunda, P.S. - Hasnabad, Dist:

North 24 Parganas, Pin-743426e

.... Petitioner

-Versus-

1. The State of West Benagl, service

through the Secretary, Education

Department (Primary Education)

Bikash Bhaban, Salt lake City,

Kolkata-700091.

2. The Director/ CommissionerbS- 6 c-k_oo L Edm.cak c:o)nri

Govt. of West Bengal, Bikash Bhaban,

Salt Lake City, Kolkata-700091.

3. The Director of Pension,Provident

Fund and Group Insurance, Govt. of

West Bengal, Purta Bhawan, Salt

Lake City, Kolkata-700091.

4. The District Inspector of Schools

(P.E) North 24 parganas, Champadali

More, P.O.+P.S Barasat, Dist. North

24 Parganas, Kolkata-700124.

5. The Chairman,North 24 parganas

District Primary School Council,

97/97A, KNC Road, P.O+P.S-

Barasat,Dist: North 24 Parganas,

Kolkata-700124.

6. The Sub- Inspector Of Schools,

Hasnabad South Circle, P.O Simulia

Kali Bari, P.S- Hasnabad,Dist:

North24 Parganas, Pin-743426.

1, 7. The Treasury Officer, Basinktat

P.086 P.S- BasiutafDist:North 24

Parganas, Pin-743411.

....Respondents

To

The Hon'ble Mrs. Manjula Chellur, Chief Justice And Her

companion justices of the said Hon'ble Court.

5

The humble petition on behalf of the

petitioner above named

Most Respectfully Sheweth :

1. That your petitioner is a citizen of Indian and she is

permanently residing at the address given in the cause title to this

petition.

2. That the death of birth of the petitioner's husband is 26th

March 1937and her husband namely Santosh Kumar Das passed

School final examination in 1954.

Xerox copy of the School Final Certificate is annexed hereto

and marked with letter P/1.

3. Your petitioner states that the husband of your petitioner

was appointed on 11.01.1962 as an Asstt. Teacher of Primary

school and on 16.01.1962 the husband of your petitioner joineirt

the said post of Srifaltala Adibasi Free Primary School under

Hasnabad North Circle at present Hasnabad South Circle within

the district of North 24 parganas.

6

Xerox copy of the appointed letter dated 11.01.1962 in

annexed hereto and mark with letter-P/2.

4. Your petitioner states that the during service time the

husband of your petitioner felt serious ill and finally on

02.01.1984 the Husband of your petitioner died and on

24.11.1984 Department of Health issued death certificate and as

well as the head teacher of said Srifaltala Adibasi Free Primary

School under Hasnabad North Circle at present hasnabad South

Circle within the district of North 24 parganas issued death

certificate on 25.09.1989.

Xerox copy of the two death certificatesdated 24.01.1984 and

25.09.1989 are annexed hereto and mark with letter-P/3.

6. Your petitioner states that on 07.10.2015 Bhowanipur No.1

dram Panchayat issued heirship certificate of late Santosh Kumar

Das wherefrom it is appearing that santosh Kumar Das died

leaving behind him only wife i.e. your petitioner as widow and 5

sonsnamely Ranjit Kumar Das, Biswajit Kumar Das, Sattyajit

Kumar Das, Sujit Kumar Das and Surajit Kumar Das .

7

Xerox copy of the heirship certificate dated 07.10.2015 is

annexed hereto and mark with letter-P/4.

7. Your petitioner states that after the death of the husband,

your petitioner tried her level best to get the family pension from

the respondent authorities and also other death cum retiral

benefits due to sudden death of her husband, but always the said

respondents assure4your petitioner that it will be released at an

early date in favour of your petitioner, but till date no steps have

been taken.

8. Your petitioner states that fining no other alternative way

your petitioner went to the office of the respondents on

02.02.2016 with a representation praying for family pension and

other retiral benefits with 12 % interest, but the respondent

authorities refused to accept the said representation after gone

through the contents made in the said representation and finally

it was sent through speed post which was registered on

22.02.2016

Xerox copy of the representation dated 02.02.2016 with

postal receipt and delivery report are annexed hereto and marked

with letter-P/5.

5

9. Your petitioner submits that your petitioner is entitled to get

family pension with effect from 03.01.1984 to uptil date including

all arrears with 12% compound interest and also other death cum

retiral benefits such as provident found, gratuity etc. due to

sudden death of her husband with 12% compound interest

10. That being aggrieved by and dissatisfied with the acts on the

part of the respondents, your petitioner is filling the instant

application under Article 226 of the Constitution of India on the

following amongst others.

GROUND

i. For that the respondent have acted illegally and arbitrary

manner by not releasing death cum retiral benefits including

family pension with effect from 03.01.1984 to uptil date

which the petitioner is entitled to get

ii. For that the acts of the respondents by not releasing family

pension in favour of the petitioner is highly illegal and

unsustainable in law as the respondents most illegally with

held the amount since 03.01.1984 and as such the

9

respondents are bound to pay 12 % compound interest over

the total arrear amount

iii. For that the respondents have acted illegally by withhold

the payment of the petitioner according to the will of the

respondents which is bad, illegal and colourable exercise of

the administrative power;

iv. For that the whole acts on the part of the respondents bad,

illegal and unsustainable in law

11. Your petitioner states that challenging the impugned action

no other application has been filed previously in any other Court

of Law and /or in this Hon'ble Court at Calcutta.

12. That there is no other alternative speedy and efficacious

remedy and the relief herein asked for, if granted will be complete,

cheap and expeditious.

13. That this application is made bonafide and for the ends of

justice,

In the above circumstances it is

most humble prayer that your

Loardships may graciously be

pleased to pass an order as follow:

a) A Rule asking the

respondents and each one of them

to show cause as to why a writ in

the nature of Mandamus shall not

be issued commanding them to

release the death cum retiral

benefits including family pension

with effect from 03.01.1984 to uptil

date with 12% compound interest

over the said amount within a

period of fortnight from the date of

the order;

b) Issue a writ in a nature of

Mandamus by directing the

respondents to release the death

cum retiral benefits including

family pension with effect from

03.01.1984 to uptil date with 12%

compound interest over the said

amount within a period of fortnight

from the date of the order;

c) A writ in the nature of

certiorari directing and/or

commending the respondent

authorities to transmit the record

relating to the case so that

conscionable justice may be done

by passing appropriate order after

perusal of the same.

d) An order or orders by

directing the respondent

authorities and each one of them to

release the death cum retiral

benefits including family pension

with effect from 03.01.1984 to uptil

date with 12% compound interest

over the said amount within a

period of fortnight from the date of

the order;

12

e) Rule NISI in terms of prayer

(a), (b) and (c) above

f)Interim order directing the

respondents specifically the

respondents No. 2 to 6 to release

the death cum retiral benefits

including family pension with effect

from 03.01.1984 to uptil date with

12% compound interest over the

said amount within a period of

fortnight from the date of the order;

g) Ad-interim order in terms of

Prayer (f)

h) Any other or further order or

orders and/or direction or

directions as this Hon'ble Court

may deem fit and proper.

And your petitioner as in duty bound shall ever pray.

13

AFFIDAVIT

I, Smt. Rani Das wife of late Santosh Kumar Das, aged about 60

years, by faith-Hindu, by occupation-unemployed, residing at

Vill- Bhawanipure, P.0- Bhurkunda, RS-Hasnabad, Dist: North

24 Parganas, Pin-743426., do her by solemnly affirm and say as follows:

1. That I am the petitioner of the instant case and as such I am

well acquainted with the facts and circumstances of the case.

1— 2. That the statements made in paragraph No. I to 2 7 ac are true to my knowledge and the statements made in paragraph No. a),

/e, 0, g will derives from the records which I verily before

this Hon'ble Court.

Prepared in my office.

Advocate

I certify that all annexures

Are legible

_C?

Solemnly affirmed before me

On this the 32"1-- day of

February, 2016.

9@i Ithst fl/C Deponent s known to me

ob49-44-L 11/

Clerk to: Mr. N.C.Mondal

Advocate

iv, et ri)(vnicht Advocate

Commissioner.

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District: North 24 Parganas

In The High Court at Calcutta Constitutional Writ Jurisdiction

(Appellate Side)

W.P. No. tf el7 & (W) of 2016

In the matter of: An application under Article 226 Of the Constitution of India;

-And- In the matter of: Smt. Rani das

....Petitioner -Versus-

State of West Bengal & Ors.

....Respondents

:Petitioner:

Sipra Maity Advocate

C/o. Narayan.Ch.Mondal Advocate

High Court, Calcutta Bar Association, Room No. 1.