Item No.5 19.3.25 In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side. WPA 13638 of 2019 Sk. Firoz Rahaman Vs. State of West Bengal & Ors. Mr. K.N. Nabi .... For the Petitioner. Mr. Rezaul Hossain … For the State Respondents. 1. Learned Advocate for the petitioner has sought for leave to add the District Inspector of Schools (S.E), Purba Burdwan as a party respondent in the case. 2. Leave is granted. 3. Let necessary corrections be affected in the cause title to incorporate District Inspector of Schools (S.E.) Purba Burdwan, as a party respondent in this case. 4. The petitioner is a handicapped son of a deceased school teacher, who died in harness on November 12, 1974. After his death his widow was granted family pension in terms of the existing rules. Pension payment order was issued in favour of the said widow of the deceased teacher ie. dated March 6, 2006. 5. The petitioner has stated that his mother, that is widow of the said deceased Assistant Teacher has died on December 3, 2014. After death of his mother the petitioner has repeatedly submitted representations before the respondent District Inspector of Schools (S.E), Purba Burdwan and subsequently to the said office at the District Inspector of Schools(SE), Purba Burdwan praying for issuance of family pension in his favour since he would be entitled for such grant, in terms of the Government Notifications No. 378-SE(B)/IM- 43/2003 dated July 28, 2008. The petitioner has stated that name of his applications praying for grant of family pension to him, made before the respondent authority, has been considered by the same, till date. 6. Hence by filing the writ petition, the petitioner has sought for necessary order to be issued against the respondent District Inspector of Schools (S.E), Purba Burdwan, to grant him the family pension due to demise of his father. 7. Mr. Hossain, learned Advocate is appearing for the State respondent. On the basis of the instructions given to him he has raised objection as to the contentions and prayer of the writ petitioner. He has stated that since after death of the father of the petitioner, the petitioner has never applied before the authority in terms of DCRB Scheme as 2 per G.O. No. 136-Edn(B) dated 15.5.1985. Hence, according to the State respondent there is no scope for the said respondent to extend any relief to the petitioner as prayed for. 8. The court finds since after death of the concerned person ie. the father of the petitioner on November 12, 1974 there was no option for the petitioner to apply under the DCRB Scheme as he was minor at the relevant time and under care and custody of his mother who has been granted family pension due to death of the said Assistant Teacher/her husband. 9. The petitioner has made prayer only after death of his mother and in terms of Notification Nos. 378-SE(B)/IM-43/2003 dated July 28, 2008 and 10-SE(b) dated 13.01.2009. 10. Upon careful consideration of the notifications, as above, the court finds that the petitioner being the disabled son of the deceased school teacher whose disability has already been examined and certificate has been issued by competent authority, would be eligible for grant of family pension in place of his deceased father, in accordance with the provision of the notifications, as mentioned above. 11. In such circumstances, the court is inclined to dispose of the writ petition by directing 3 the respondent/District Inspector of Schools (SE), Purba Burdwan to consider the petitioner’s prayer for grant of family pension in the light of the Notification Nos. 378-SE(B)/IM-43/2003 dated July 28, 2008 and 10-SE(b) dated 13.01.2009 respectively, after considering the copy of the present writ petition as his representation before the said authority. 12. Let the petitioner submit a copy of the writ petition along with all annexed documents before the said authority. 13. The District Inspector of Schools(SE), Purba Burdwan shall consider the same after offering an opportunity of hearing to the petitioner and decide thereupon by dint of a reasoned order, if not the prayer of the petitioner is immediately allowed by him. 14. The entire exercise as above should be concluded by the District Inspector of Schools(SE), Purba Burdwan within period of six weeks from the date of submission of the copy of the writ petition along with a copy of this order in his office by the writ petitioner. 12. With the directions as above, the present writ petition is disposed of. 13. Since, no affidavit has been called for, allegations made in the writ petition, shall be 4 deemed to have not admitted by the respondents. 14. Urgent certified photocopy of this order, if applied for, shall be supplied to the parties, on compliance of all necessary formalities. (Rai Chattopadhyay, J.) 5