Aniruddha Bose, J. - (1.) Heard learned Counsel for the parties.
(2.) The writ petitioner is the widow of a Headmaster of Kalipur Junior High School in the district of Burdwan who served the school in different capacities between the years 1948 and 1976. The husband of the petitioner passed away in the year 1977.
(3.) In this writ petition, the petitioner seeks direction upon the State respondents requiring them to grant pension to her on account of service rendered by her late husband in the said school. The admitted position is that the late husband of the writ petitioner had undertaken teaching job in the said school between 1st September, 1948 and 2nd April, 1976. The main reason why she has not been granted family pension according to the respondents is that the husband of the writ petitioner had resigned from his service due to illness. The applicable rules do not permit grant of pension in case of resignation. This is the only ground on which her claim for pension has not been entertained. The case of the writ petitioner argued by Mr. Ghosh, learned Counsel on the other hand is that her late husband did not resign from service but he had taken premature retirement on a voluntary basis due to his illness.;