In re.: C.A.N 9511 of 2011.
The concerned primary teacher died on December 21, 1989 leaving him surviving his widow and three sons. On the prayer of the widow the eldest son got the compassionate appointment. It now appears that he has deserted his mother, being the appellant above-named and is living separately and not looking after her. The lady has now come up for pension after 22-23 years of her husband's death. The learned Judge dismissed the application on the ground of inordinate delay. Hence, this appeal before us.
The learned Counsel appearing for the appellant has drawn our attention to two decisions; one by the Division Bench of this Court in the case of Akhilendu Ghosh v. State Of West Bengal & Ors., reported in 2001 (3) CHN 688 and the other by the Apex Court in the case State Of West Bengal & Ors.… v. R.C Banerjee…, reported in (2006) 7 SCC 651, to show that denial of pension is a continuing wrong.
In the case of Akhilendu Ghosh (Supra) the incumbent was under suspension in a departmental proceeding. He was being paid subsistence allowance. The Tribunal dismissed his application for promotional and retiral benefit after he reached the age of superannuation. The Tribunal dismissed the application on the ground that the claim was barred by limitation in view of the provisions of Section 21(1) of the Administrative Tribunal Act, 1985. High Court gave him relief.
In the case of Haresh C. Banerjee (Supra) the pension was withheld on the ground of departmental proceeding. The Apex Court, considering the appropriate Rules came to conclusion that the pension could be withheld on compliance with stipulations of the Rule.
In the present case, the lady approached the learned Judge after 22-23 years. We are not sure whether her husband was enjoying a pensionable service or not. However, even if we direct the Primary School Council, District Inspector of Schools (Primary) to consider her case for family pension, it would not be workable since the records, pertaining to his service, are difficult to be located after 22-23 years. This factual matrix could not be equated with the case of Akhilendu Ghosh (Supra).
We fully appreciate the misery and sufferance of the appellant. We request the Chairman, District Primary School Council, Purba Medinipore, to take appropriate action against the erring son, who got the compassionate appointment and thus legally, morally and ethically obliged to maintain her ailing mother at her advance age. However, the prayer for pension could not be considered by us after 22-23 years.
With these observations, the appeal is disposed of along with the application.
There would be no order as to costs.
Urgent xerox certified copy of this order, if applied for, be given to the parties, on priority basis.