Calcutta High Court: In a writ petition pertaining to a legal dispute over the entitlement of a widowed daughter of a deceased lecturer from a Non-Government College to receive family pension benefits and seeking a mandamus to release such family pension, a single-judge bench comprising of Partha Sarathi Chatterjee,* J., held that the exclusion of widowed daughters from family pension benefits is not constitutionally valid and sets aside the Director’s order. The Court directed the Director to release the family pension if the petitioner fulfilled financial dependency criteria.
Factual Matrix
In the instant matter, the petitioner is the widowed daughter of a lecturer at South Calcutta Girls’ College, a Non-Government College. The petitioner’s mother served for over 37 years, her service extended until 1996, and she started receiving pension from 1996. The petitioner, after her husband’s death, sought refuge in her parents’ house. Her father passed away in 2004, and her mother in 2019. Family pension disbursement to petitioner’s mother ceased, prompting the petitioner to seek benefits following the guidelines dated 12-11-2008.
The petitioner’s representation for family pension was initially ignored, leading her to file a writ petition. A coordinate Bench directed the Director of Public Instruction to process the representation, but it was not complied with within the specified time. The Director, in a subsequent order, denied the family pension, citing inapplicability of guidelines to widowed daughters of Non-Government College employees. Aggrieved by the Director’s order, the petitioner preferred the present writ petition challenging the same.
Moot Point
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Whether the widowed daughter of a deceased teacher in a Non-Government College is entitled to family pension benefits?
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>Whether the Director’s denial of family pension based on the cited guidelines valid?
Parties’ Contentions
The petitioner contended that parity in pensionary benefits between Non-Government and Government College teachers has been established by previous court decisions and exclusion of widowed daughters from family pension violates constitutional principles. On the other hand, the respondent contended that the classification between Government and Non-Government College teachers is valid, justifying the denial of family pension to widowed daughters of Non-Government College teachers.
Court’s Assessment
The Court rejected the distinction made by the respondents, citing Director of Public Instructions, Govt. of W.B. v. Assn. of Superannuated Teachers of Non-Govt. College, 2006 SCC OnLine Cal 536, that brought parity between these groups of teachers. The Court observed that “the widowed daughter of a deceased teacher of a Non-Government College has been excluded from the zone of consideration for family pension whereas the widowed and divorced daughters of Government employee have been included in the definition of family for the purpose of family pension under the Death-cum-Retirement Benefits Scheme applicable for them.”
The Court scrutinised the West Bengal College Teachers (Death-cum-Retirement Benefit) Scheme and found that the exclusion of widowed daughters from family pension unconstitutional. The Court also underscored the socio-economic purpose of family pension schemes and their constitutional significance and exclusion based on employment at Non-Government Colleges lacks a rational nexus with the scheme’s purpose.
“A widowed daughter due to financial stringency may take shelter in her parents’ house and survive on the pension of the deceased teacher of a Non-Government College and hence, the exclusion of a widow daughter from the definition of family for the purpose of family pension has no nexus with the object sought to be achieved by the Scheme.”
The Court opined that the arbitrary classification between widowed daughters of Government College teachers and Non-Government College teachers, is in violation of Articles 14 and 15 of the Constitution of India and exclusion of widow daughter from the definition of family for the purpose of family pension in paragraph 5(p)(2) of the West Bengal Non-Government College Teachers (Death-cum-Retirement Benefit) Scheme is not constitutionally valid.
“The classification made in between widow daughter of a Government Employee and the widow daughter of a teacher of a Non-Government College for the purpose of family pension is not reasonable and intelligible and such classification and/or differentia has no nexus with the object sought to be achieved by the Scheme.”
The Court set aside the Director’s order and directed the release of family pension if the petitioner fulfills the financial dependency criteria. If the claim is untenable, a reasoned order must be communicated.
Court’s Decision
The Court disposed of the present writ petition and directed the Director to release family pension or provide a reasoned order within 12 weeks. The Court suggested the possibility of framing rules to include widowed daughters in the definition of ‘family’ for family pension benefits. No costs are awarded.
[Sahana Shome Mondal v. State of W.B., 2023 SCC OnLine Cal 4743, order dated 30-11-2023]
*Judgment by Justice Partha Sarathi Chatterjee
Advocates who appeared in this case :
Mr. Indranath Mitra, Mr. Subhankar Das, Counsel for the Petitioner
Mr. Ritesh Kumar Ganguly, Counsel for the Respondent/State
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