Aniruddha Bose, J. - (1.) The writ Petitioners in the present application are the widow and the son of one Banshi Badan Mukhopadhyay (BBM in short) a school teacher, who died on October 22, 1968 while in service in Bhalkuti Bhudeb Chandra Buniadi Vidyalay, a Junior basic school. He had served the school for fifteen years and nine months before he passed away. In the writ petition, prayer has been made for grant of pension to the widow (i.e. the Petitioner No. 1) as well as appointment of the son of the deceased teacher, (being the Petitioner No. 2) as a teacher from the exempted category, which is also known as "death -in -harness" category. The claim of the latter is for consideration of his case for appointment on compassionate ground, but this claim was not pressed at the time of hearing by Mr. L.K. Gupta, learned Senior Advocate appearing for the Petitioners. He confined his submissions for a direction upon the concerned Respondents for granting family pension to the Petitioner No. l.
(2.) At the stage when the writ petition was moved, the Petitioners' main grievance was that the pension papers of BBM were not being finalized. It appears that the District Inspector of Schools (PE) had recommended the case of the first Petitioner for family pension with effect from April 1, 1981, but the matter was held up in the offices of the Director of Education (PE) and the Accountant General (A & E), Pension, being the Respondent No. 2 and 4 herein. At the motion stage, an Hon'ble Single Judge of this Court directed the Respondent No. 4 [the Accountant General (A&E)] to take appropriate steps in this matter, and submit a report on the next date of hearing. Such report had been filed on June 6, 2006. It was indicated in such report that the concerned pension papers at that stage had been forwarded to the Director of School Education, who was also requested to look into the matter personally and take appropriate steps. Thereafter, directions were issued for filing of affidavits.
(3.) At the time when the predecessor of the Petitioners passed away while serving the school, his service was guided by a memorandum issued by the education department. Government of West Bengal, bearing No. 485 -Edn (P) dated March 25, 1968, and the legislation covering the field was Bengal (Rural) Primary Education Act, 1930. The school in question was functioning under the District School Board. Clause 3(c) of the said memorandum dealt with pension, and the relevant part of this clause is reproduced below Under this scheme the teachers will be entitled to the following benefits: (a) Contributory Provident Fund: Contributory Provident Fund with employer's contribution @ 6 ¼% of pay and employee's contribution @ 6 ¼% of pay. (b) Gratuity or Pension: (1) If an employee has put in five years' service but less than ten years', he will be entitled to receive gratuity @ 1/2 month's pay for each completed year of service: (2) If an employee has completed ten years' service he will be entitled to receive monthly pension equal to 1/20 of the monthly average of his last three years' pay for every completed year of service subject to a maximum of 30/20 of the average monthly pay. (c) Family Pension: (1) If an employee dies while in service after putting in service not less than 5 years but not more than 20 years, his family will be entitled to a gratuity @ the of one month's pay for each completed year of service subject to a minimum of Rs. 500/; and (2) If an employee dies while in service after completing twenty years' service, his family will get a pension equal to half the, pension admissible to the employee had he retired on the date of his death subject to a minimum of Rs. 20/ - per month and maximum of Rs. 75/ - per month for a period; of five years from the date of the death of the employee.;