Tapabrata Chakraborty, J. - (1.) Affidavit-of-service filed by the petitioner be kept on record.
(2.) Mr. Debnath, learned advocate appearing for the petitioner submits that the petitioner's mother was appointed and approved as a Group-D staff in Srikhanda Ushangini Girls' School (in short the said school) in the year 1982. On the basis of a complaint, an F.I.R was registered against the petitioner's mother and others on 26th July, 2008 and a criminal case being Katwa Police Station case no. 209 of 2008 dated 26th July, 2008 under Sections 498A/304B/34 of the Indian Penal Code was registered against the petitioner and others. The petitioner's mother was arrested but subsequently she obtained bail and applied to the school authorities to resume her duties.
(3.) Upon consideration of such prayer of the petitioner's mother, the school authorities allowed the petitioner's mother to resume her duties on and from 2nd of January, 2009 and she ultimately retired from her service on 31st March, 2013 but thereafter no steps have been taken by the respondents to disburse the pensionary benefits of the petitioner's mother to which the petitioner and his brother and two sisters are entitled to. As such, the petitioner submitted a representation to the respondent no. 5, being the pension sanctioning authority, to take steps for disbursement of the admissible benefits but the same was not responded to. As such, the petitioner approached this Court. Drawing the attention of this Court to a judgment dated 29th April, 2017 passed by the learned Additional Sessions Judge, Katwa, Mr. Debnath submits that all the accused persons were found not guilty of the charges and they were acquitted. Prior to delivery of such judgment the petitioner's mother expired on 4th of January, 2016. In such circumstances, there can be no reason to withhold the disbursement of the pensionary benefits of the petitioner's mother.;