- (1.) This writ petition has been filed by writ petitioner Smt. Uma Das complaining that her husband, late professor Abani Mohan Das was employed in the regional engineering college, now known as National Institute of Technology, Durgapur, in the month of June 1964 and he died-in-harness on 18th June, 1974 due to carcinomal syndromes at a stage when the husband of the petitioner was an Assistant Professor (Mechanical Engineering). On the death of the petitioner s husband she received death benefits, e.g., provident fund and gratuity and as her husband died-in-harness, she was also given a job on compassionate ground. The petitioner s grievance is that no family pension has been made available to her. It is the case of the petitioner that time to time at regular interval she approached the authority for the grant of pension and although, assurance was given by the authority, ultimately, nothing was done. As a result whereof the petitioner had to file an application on 3rd December, 2003 followed by a lawyer s notice issued on 25th July, 2005 whereby she requested the authority to grant pensionary benefits.
(2.) The petitioner has annexed a copy of the said application dated 3rd December, 2003 and her lawyer s letter dated 25th July, 2005 collectively marked as Annexure P-2. In the said application dated 3rd December, 2003 the petitioner stated that her husband joined the Institution in the month of June, 1964 and expired on 18th June, 1974 thereby he rendered 10 years continuous service before his death. In the said application she sought to make out a case that Board of Governors Resolution being Item No.7432 read with Government of West Bengal Order No.1097-Edn (CA)IP-2/75 Pt. of 31st May, 1978 and in terms thereof she was entitled for revised pensionary benefits. She has stated that as per the said resolution, in case of a teacher, who died after 1st April, 1974 but before the issue of the notification the pensionary benefits may be settled at either of the rates which will be favorable to him. She has stated that as her husband died on 18th June, 1974, that is, after 1st April, 1974 but before issue of the notification, therefore, she is entitled to pensionary benefits. The petitioner also stated that regional engineering college, now National Institute of Technology, Durgapur, not having any codified rules, conditions of service of the employees are governed by the memorandums and resolutions which she has annexed to her writ petition and relied on the same. In her said application dated 3rd December, 2003 she has also stated that whatever financial benefit viz. gratuity as well as college s contribution towards CPF forwarding me/paid to me, I am willing to refund with simple interest the entire amount as per rule so that I may get the revised pensionary benefits as extended by the above B.O.Gs Resolution.
(3.) After the said application dated 3rd December, 2003 was filed the petitioner caused another letter dated 25th July, 2005 to be served through her learned advocate upon the Director, National Institute of Technology, Durgapur requesting him to settle the issue of family pension as per the application made earlier. In support of her case the petitioner has also relied upon a resolution adopted by the Board of Governors in its meeting held on 27th March, 1981 which is quoted below: Resolved that implementation of a Pension Scheme for the teaching and non-teaching employees of the college on the lines of the Scheme introduced by the State Government for similar categories of staff of non-Government affiliated colleges (including sponsored colleges) with effect from 01.04.1974 be appro9ved in principle and Rules and Regulations for implementation of the Pension Scheme be framed by the Standing Committee (Management). Resolved further that, with further reference to letter F53-2/71 T4 of 27.05.72 from the Deputy Educational Advisor (Tech) addressed to all the Principals of regional engineering colleges conveying the Central Government s approval of Retirement Gratuity, General Provident Fund, Contributory Provident Fund benefits to the State Government or University Rules, the Ministry of Education and Culture, New Delhi, be informed of the implication of the above Pension Scheme. ;