Widowed Daughters of Non-Government College Teachers Eligible for Family Pension: Cal HC

Calcutta High Court, in a judgment delivered by The Hon’ble Justice Partha Sarathi Chatterjee, has ruled that widowed daughters of deceased teachers from Non-Government Colleges in West Bengal are eligible for family pension benefits. The judgment addresses a dispute over the entitlement to family pension and raises important questions regarding the classification between teachers of Government and Non-Government Colleges for pensionary benefits.

The court observed that the petitioner's mother, who served as a lecturer in a Non-Government College, had been receiving a pension until her passing. Following the untimely demise of the petitioner’s husband, who was the sole breadwinner of her family, she sought family pension support. However, the Director of Public Instruction, Government of West Bengal, denied her claim, citing specific guidelines.

In a noteworthy legal point, the court examined the constitutional validity of the classification between teachers of Government and Non-Government Colleges for pension benefits. The court referred to previous rulings that emphasized the need for parity between these two groups. The exclusion of a widowed daughter from the definition of ‘family’ for family pension was also called into question. The court invoked Articles 14 and 15 of the Constitution of India and concluded that the classification was arbitrary and violated constitutional provisions.

Justice Partha Sarathi Chatterjee stated, “The classification made between a teacher of a Non-Government College and a teacher of a Government College or a Government Employee, particularly in respect of grant of pensionary benefits, has been held to be arbitrary by the Hon’ble Division Bench in a previous case, and such a decision has attained its finality.”

The court further highlighted the socio-economic importance of family pension schemes, emphasizing their role in assisting dependents and families in financial crises following the death of an employee or pensioner.

High Court set aside the Director of Public Instruction’s order denying family pension and directed the release of family pension if the petitioner meets the dependency criteria. Additionally, the court suggested the framing of rules to include widowed daughters in the definition of ‘family’ for family pension eligibility.

Date of Decision: 30.11.2023

Smt. Sahana Shome Mondal VS State of West Bengal & Ors.