Judgment :- (1) Re: C.A.N. No. 1798 of 2006. This application has been filed for condoning the delay in preferring the appeal. (2) Having heard the learned Counsel appearing for the respective parties and considering the averments made in this application, we find that sufficient grounds have been made out and adequate explanations have been given for condoning the delay in preferring the appeal. (3) Therefore, the delay in preferring the appeal is condoned. (4) The department is directed to register the appeal, if the same is otherwise in form. (5) This application thus stands allowed. (6) There will be no order as to costs. Re: C.A.N. No. 2170 of 2006 (7) This application for stay has been filed in connection with the appeal preferred from the order dated 11th August, 2005 passed by a learned Single Judge of this Court whereby and whereunder the said learned Judge finally disposed of the writ petition bearing W.P. No. 10654 (W) of 2005 by issuing several directions. (8) The appellant herein is aggrieved only by that specific part of the order passed by the learned Single Judge whereby and where under the said learned Judge held that in case the writ petitioner is absorbed in died-in-harness category, the family would not be entitled to family pension. (9) The learned Advocate representing the respondent No.4 submits that proper assistance was not given to the learned Single Judge as a result whereof, the aforesaid direction was issued. (10) We fail to understand how the family pension can be discontinued in the event, anyone from the family of the deceased teacher is absorbed in died-in-harness category when there is no such provision in the rule. Family pension is granted to the member of the deceased family strictly in accordance with prescribed rules and procedures framed by the Government of West Bengal. (11) The member of the family of a deceased teacher is offered appointment in died-in-harness category in terms of the specific provision of the Primary Teacher Recruitment and Leave Rules and such benefit is in no way interlinked with the payment of family pension to the concerned family of the deceased teacher. The family of a deceased teacher is entitled to receive family pension under the prescribed pension scheme as approved by the Government of West Bengal. The family of a deceased teacher is entitled to receive family pension under the prescribed pension scheme as approved by the Government of West Bengal. (12) For the aforementioned reasons, we are unable to approve the aforesaid direction of the learned Single Judge and we set aside the said direction only by making it clear that even if the petitioner is absorbed in died-in-harness category, the family would not be disentitled to receive family pension in accordance with law. (13) In view of the aforesaid direction, no purpose will be served in keeping the appeal pending. (14) Therefore, by consent of the parties, the appeal is treated as on days list and both the appeal as well as the connected stay application stand allowed without awarding any costs. (15) This application thus stands disposed of. Pranab Kumar Chattopadhyay Appeal and application allowed.