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21-09-2026 Item No.4 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.22206 of 2026 Dipali Bose -vs- The State of West Bengal & Ors. Mr. Sakti Pada Jana …for the petitioner Mr. Shiv Shankar Banerjee Ms. Sreetama Neogi …for the State
1. The petitioner claims to be an octogenarian mother of a deceased assistant school teacher who died-in-harness on April 9, 2023.
2. The petitioner prays for releasing the death gratuity due to her deceased son in her favour.
3. Reliance has been placed on the form for nomination to receive the death gratuity signed by the deceased teacher which clearly mentions that 100% share of the gratuity shall be payable to his mother, the petitioner herein.
4. On behalf of the petitioner, it has been submitted that the same has not been paid as the claim of the petitioner has been sought to be disputed.
5.
Learned counsel for the petitioner relies upon the Death-cum-Gratuity Rules in support of the submission that as the nomination form submitted by the employee clearly mentions about payment of 100% gratuity to his mother on his death, accordingly, no further document as sought for by the authority would be required.
6. It appears from the submissions on behalf of the petitioner and the State that the
comprehensive e-pension application for the Employees of Recognized and Aided non- Government Educational Institutions, Part A clearly mentions about the marital status of the teacher as divorcee and the nomination form of the deceased teacher mentions about 100% gratuity payable to his mother.
7. The District Inspector of Schools (SE), Kolkata is
directed to grant an opportunity of hearing to the authorized representative of the petitioner to produce all necessary documents before the authority who shall consider the same strictly in accordance with the provisions of the Death-cum- Retirement Benefit Rules.
8. If the claim of the petitioner is accepted by the DI, steps shall be taken to forward all necessary documents to the Director of Pension, Provident Fund & Gratuity, West Bengal for disbursal of death gratuity in favour of the petitioner.
9. All steps shall be taken at the earliest but positively within four weeks from the date of communication of this order.
10. The DI of Schools shall ensure that if the claim of the petitioner is found to be proper, then the death gratuity shall be disbursed positively within a period of ninety days from the date of communication of this order.
11. All parties are to act on the server copy of this
order duly downloaded from the official website of this Court.
12. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 2
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