Uttam Kumar Das v. State Of West Bengal & ORS

20-09-2021 ct no. 05 Sl. 01 Sayandeep W.P.A. 1900 of 2020 Uttam Kumar Das -VersusThe State of West Bengal & Ors.

(Via Video Conference) Mr. Gouranga Kumar Das ...for the petitioner Mr. Subrata Ghosh Mr. Bhaskar Chakraborty ......for the State This writ petition has been filed by a retired teacher who was superannuated on 31st December, 2018. Grievance of the writ petitioner is that he was not paid part of his provident fund amount after his retirement and the amount of Rs. 5,30,028/- was paid towards interest on provident fund which was calculated up to January, 2019 and the said amount was released vide memo dated 14th July, 2020. The writ petitioner in this writ petition has prayed for release of provident fund dues as well as interest. The provident fund dues have already been cleared during the pendency of the writ petition. First, it was released vide memo dated 4th February, 2019 and the amount was Rs. 10,66,223/- and subsequently towards interest disbursal was made vide memo dated 14th July, 2020. Petitioner wants interest on delayed disbursal of provident fund dues from the

month of February, 2019 till the date of payment which according to petitioner has been made on 7th August, 2020.

Mr. Subrata Ghosh, learned advocte, appears on behalf of the State respondents and submits that already the grievance of the writ petitioner has been redressed upon release of provident fund dues vide two memoranda dated 4th February, 2019 and 14th July, 2020 and according to the calculation of the concerned authorities, no further amount is lying outstanding against the provident fund account of the writ petitioner.

Considering the fact that during pendency of this writ petition vide issuing memo dated 14th July, 2020, the due amount towards interest has been paid to the tune of Rs. 5,30,028/- there is no necessity to pass any direction to make payment of provident fund dues further. If the writ petitioner is aggrieved due to non-payment of interest for the period from February, 2019 till the date of disbursal of the amount as per memo dated 14th July, 2020, the petitioner shall be at liberty to make representation before the appropriate authority within a period of fortnight from this date. If such representation is made by the writ petitioner on his claim of interest due to delayed payment of provident fund dues the same shall be considered by the District Inspector of Schools(SE), South 24

Parganas, respondent No. 3 within a period of twelve weeks from the date of receipt of such representation.

The memo dated 13th September, 2021 issued by the Additional District Inspector of Schools(SE), Diamond Harbour Sub-Division addressed to The District Inspector of Schools(SE), South 24 Parganas is kept with the record.

With the above observations, the writ petition stands disposed of.

There shall 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.

Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon compliance with the necessary formalities.

(Saugata Bhattacharyya, J.)