Ananta Kumar Bala v. State Of West Bengal And ORS.

21.9.2022 Sl.No.69 sn WPA 1357 of 2022 Ananta Kumar Bala Vs.

The State of West Bengal & Ors.

Mr. Asok Nath Ghosh Mr. Kinkar Chandra Basu Md. Younush Mondal ..for the petitioner Let the affidavit of service be taken on record. The petitioner claims to have retired from service on September 30, 2018. The petitioner was appointed as a Job Assistant at Laudaha Gram Panchayat within Sankrail Block and he retired from service under Pathra Gram Panchayat.

It is submitted that the appointment of the petitioner was duly confirmed with retrospective effect, by the competent authority on and from January 17, 1982.

The specific contention of the petitioner is that the retirement benefit of the petitioner has not been released, as yet.

The petitioner has approached the concerned Block Development Officer with her prayer. It is submitted that till date, no steps have been taken by the concerned authorities.

Under such circumstances, this writ petition is disposed of with liberty to the petitioner to file a detail representation with supporting documents in respect of the claim before the Commissioner,

Department of Panchyats & Rural Development, West Bengal. If such representation is filed, the same shall be disposed of in accordance with law. An opportunity of hearing shall be given to the petitioner, the Pradhan of the concerned Gram Panchayat and the Block Development Officer or his representative.

If the petitioner is eligible for any retirement benefit, then the same shall be released in accordance with law. If the petitioner is not eligible for release of the retirement benefits, necessary reasons shall be assigned.

A reasoned order shall be passed and communicated to all.

This Court has not gone into the merits of the claim of the petitioner and the authorities shall decide all the issues independently and in accordance with law.

The entire exercise shall be completed within a period of three months from the date of receipt of a copy of the representation.

This writ petition is disposed of.

There will be, however, no order as to costs. All parties are to act on the basis of the server copy of this order.

(Shampa Sarkar, J.)