- (1.) The petitioner in this Article 226 petition dated April 23, 2010 is seeking a mandamus commanding the respondents to pay her pension and other benefits.
(2.) Her case is this. Her husband was a primary school teacher. On September 1, 1976 he resigned from service. In view of the Death-Cum-Retirement Benefit Scheme, 1981 notified by Memo No. 136-Edn(B) dated May 15, 1985 of the Education Department, Government West Bengal he was entitled to pension, and on his death on February 1, 2005 she became entitled to family pension.
(3.) The admitted, position is that the petitioner's husband never received pension or approached any Court of law alleging that though in law he was entitled to pension, the State refused to pay him pension. No law has been produced to show that the petitioner's husband resigning, not retiring, from service as back as September 1, 1976 became entitled to pension under the Death-Cum-Retirement Benefit Scheme, 1981.;