Kolkata: Ruling in favour of a primary teacher who was refused terminal dues by the authorities on the grounds that she had obtained her Madhyamik, HS and graduation degrees from Bangladesh, the Calcutta High Court said the authorities can’t refuse or delay benefits after obtaining nearly 25 years of service from her.
The petitioner, Arati Rani Biswas, joined as an assistant teacher on Dec 28, 1998 and retired from service on Nov 30, 2023.She is a cancer patient who does not have any family member or anyone else to financially support her. Heavily dependent on the pension, gratuity and other retiral benefits that were withheld by the authorities — that said her educational qualification was not verified and that she is a Bangladeshi citizen — Biswas approached the single bench of Justice Amrita Sinha, stating that she is in dire financial need and alleged that the authorities denying her dues was a violation of Article 14 (Right to Equality) and 21 (Right to Life) of the Indian Constitution.
“After obtaining service from the petitioner for nearly 25 years, the authority cannot refuse or delay granting terminal benefit to her,” Justice Sinha said in a Sept 19 judgment, adding, “The act of the respondent authority is absolutely illegal, improper and contrary to the principles of equity, fair play and natural justice. The petitioner would be entitled to receive all her terminal benefits in accordance with law.”
Justice Sinha directed the district inspector of schools (primary education) 24 Parganas (North) to process the pension file and ensure that Biswas receives her terminal dues at the earliest. The court further directed the district inspector of schools to take steps to grant provisional pension along with all arrears so that Biswas can continue with her treatment.