DAULATUNNESHA BEGUM Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2012-1-371
HIGH COURT OF CALCUTTA
Decided on January 13,2012

Daulatunnesha Begum Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

JYOTIRMAY BHATTACHARYA,J. - (1.) The husband of the petitioner who was an Assistant Teacher of Dunigram A.K. High School in the district of Birbhum died in harness on 23rd March, 2010. A disciplinary proceeding was initiated against him during his lifetime by the school authority. He was placed under suspension on 5th October, 2004 in connection with the said disciplinary proceeding. The husband of the petitioner died in harness on 23rd March, 2010 while he was under suspension.
(2.) Admittedly the subsistence allowance was received by the petitioner's husband during the period under which he was under suspension. The criminal case in which he was involved being G.R. Case No. 387 of 2004 was ultimately disposed of on 6th December, 2010 as the petitioner's husband died on 23rd March, 2010.
(3.) Since the criminal proceeding was filed on the death of the petitioner's husband, the payment of terminal dues which was admissible to the husband of the petitioner, cannot be denied. The school authority has also submitted the relevant papers to the concerned District Inspector of Schools (S.E.) for settlement of the terminal dues of the petitioner's husband on 11th July, 2011.;


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