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Calcutta High CourtWPA/451/2020disposed

Dipali Debnath v. State Of West Bengal & ORS

2022-06-08Hon'Ble Justice Rajasekhar Mantha2 pages

08.06.2022.

Court No.13 Item No. 47 ap W.P.A. No. 451 of 2020 Dipali Debnath

Versus

The State of West Bengal & Ors.

Mr. Sukanta Chakraborty.

...For the petitioner.

Mr. Susanta Pal.

..For the State.

Pursuant to the order of a Co-ordinate Bench of this Court in W.P. No. 6838 (W) of 2018, the District Inspector of Schools (SE), South 24 Parganas, has conducted a hearing and passed an order on 10th May, 2022.

Admittedly, a criminal case is pending against the petitioner.

Counsel for the petitioner submits that he does not have any instructions as regards the criminal case. The retiral dues of the petitioner are subject to the West Bengal Recognized Non-Government Educational Institution Employees (Death-cumRetirement Benefit) Scheme, 1981. The petitioner has not opted for pension in terms of the said DCRB Scheme.

Counsel for the petitioner submits that his client is willing to receive her own contribution towards provident fund.

In that view of the matter, pending disposal of the criminal case against the petitioner, the School and the concerned Provident Fund Authority shall release the petitioner's own contribution to the provident fund, within a period of two months from date.

The School shall furnish necessary forms to the petitioner and after receipt of the completed application, forward the same to the CPF Authority. Time frame, as indicated hereinabove, shall be borne in mind by the School as well as the CPF Authority and the petitioner. The arrears salary from July to September of the petitioner, shall also be released by the School within the aforesaid period. With the aforesaid directions, the instant writ petition shall stand disposed of.

The order of the District Inspector of Schools (SE), South 24 Parganas, dated 6th May, 2022 filed in Court today be taken on record.

There will be no order as to costs.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)