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Calcutta High CourtWPA/3827/2022disposed

Dr. Sanjoy Kumar Banerjee v. State Of West Bengal And ORS.

2024-07-09Hon'Ble Justice Saugata Bhattacharyya3 pages

09.07.2024 09.07.2024 Ct. No. 18 adeb W.P.A. 3827 of 2022 Dr. Sanjoy Kumar Banerjee Vs.

The State of West Bengal & Ors.

Mr. T.P. Halder Mr. Arunabha Som ...for the petitioner Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee ...for the State Ms. Indrani Roy Mr. Samrat Ganguly ...for the respondent no. 6 Matter relates to forwarding of provident fund account and related documents from previous school of the petitioner to the present school namely Teghoria Vidyapith (H.S.). In terms of the order dated 14th June, 2024 affidavits have been filed on behalf of the erstwhile school authority of the petitioner namely Bamundiha High School (H.S.) and the petitioner. A report has also been filed by the District Inspector of Schools (SE), Jharghram dated 3rd July, 2024. Affidavits filed by the erstwhile school authority and the petitioner and the report of the concerned District Inspector of Schools dated 3rd July, 2024 are kept with the record. On perusal of the affidavit used on behalf of the erstwhile school authority it appears that it has been

clarified that due to Covid pandemic at the time of transfer of the petitioner from erstwhile school to present the school and petitioner being the headmaster of the school since kept service book and other documents under his custody, timely steps could not be taken for processing the documents including the records relating to provident fund account for transmission of the same to the present school through the concerned District Inspector of Schools.

However, it has been submitted that subsequently documents have been forwarded and such contention made on behalf of the erstwhile school authority as it emanates from the affidavit is corroborated from the report of the District Inspector of Schools (SE), Jhargram dated 3rd July, 2024 wherein it has also been stated that accumulated General Provident Fund amount was transferred to the concerned treasury in relation to present school vide memo dated 7th December, 2022. However, in the affidavit used on behalf of the petitioner the allegation of the erstwhile school authority relating to keeping the service records including service book of the petitioner under his custody is denied and disputed.

Be that as it may, since the documents relating to Provident Fund account of the petitioner and the calculated Provident Fund were transmitted to the treasury in connection with the present school of the

petitioner no further order need be passed on this writ petition.

Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)