- (1.) THIS Mandamus Appeal was filed beyond the prescribed period of limitation. There was 19 days delay in filing the instant appeal before this court. The last date for filing this appeal expired on 23rd January, 2014. The instant appeal was filed on 11th February, 2014.
(2.) THE reason for the delay has been sufficiently explained by the appellant in the application for condonation of delay. Delay was caused due to illness of the appellant. The appellant could not take steps for filing this appeal within the prescribed period of limitation due to her illness. No affidavit has been filed by the respondents disputing such averments made by the petitioner/appellant regarding her illness, in this said application for condonation of delay. In view of such uncontroverted statements made by the appellant in this application for condonation of delay, we hold that the reason for the delay has been sufficiently explained by the appellant in this application. Accordingly, delay in filing the appeal is condoned. The application for condonation of delay thus, stands allowed. Let the appeal now be registered. Re: MAT 189 of 2014 Immediately after the delay in filing this appeal was condoned, the Learned advocates appearing for the parties invited us to dispose of the appeal itself, as according to them, this appeal can be decided only on the question of law involved in it. Mr. Mahata, Learned advocate appearing for the Staterespondents submits that he has also received written instruction from his client which we were invited to take note of and dispose of the appeal in accordance with law.
(3.) UNDER such circumstances, we have considered the merit of the instant appeal which is directed against an order passed by Learned Single Judge of this Court on 1st October, 2013 in W.P. No. 25139(W) of 2013. The Learned Trial Judge after taking note of the Special Bench Judgement dated 16th July, 2013 passed in the matter of District Inspector of Schools (SE), Kolkata & Anr. Vs. Abhijit Baidya & Ors. (APO 94 of 2009, G.A. No. 665 of 2013 with WP 694 of 2008 with all other 201 connected matters), disposed of the writ petition by giving liberty to the petitioner and the respondents to proceed in accordance with law in the light of the Special Bench Judgement delivered in the aforesaid case for deciding the claim for pension for her husband and her family pension, provided the petitioner 's husband is found to be similarly circumstanced Assistant Teacher of the school under reference.;