Kirity Bhusan Mahata v. The State Of West Bengal And ORS.

18.03.2025 Ct. No. 18 adeb W.P.A. 5618 of 2025 Kirity Bhusan Mahata Vs.

The State of West Bengal & Ors.

Mr. Tarapada Das Mr. Mahadeb Khan Ms. Jonaki Khan ...for the petitioner Ms. Sanjukta Mukherjee Mr. Shrinjoy Das Ms. Kiron Roy Mr. Arvind Kumar Singh ...for the respondent no. 7 Ms. Suchana Banerjee ...for the State Mr. Falguni Bandyopadhyay Ms. Riya Ballav ...for the respondent no.6 Affidavit of service filed on behalf of the petitioner is taken on record.

Petitioner has come up with this writ petition claiming release of provident fund due to his retirement from the post of Headmaster on 31st October, 2018. Petitioner was Headmaster of Chandanpur Swami Vivekananda High School, Purulia.

Learned advocate representing the petitioner submits on issuing Pension Payment Order retiral dues including pension have already been released in his favour but till date provident fund has not been paid by the respondent authorities.

Learned advocate representing the teacherin-charge of the school has drawn attention of this Court to a document at page 16 of the writ petition wherefrom it appears that prayer of the petitioner for release of provident fund which was made vide letter dated 30th January, 2024 was forwarded to the President of the Managing Committee of the school on 31st January, 2024. It is also contended on behalf of the State authorities that District Inspector of Schools (SE) Purulia vide memo dated 29th January, 2025 requested the President of the Managing Committee of the school to release provident fund dues.

The President of the Managing Committee of the school is represented by learned advocate who has prayed for accommodation but same is refused considering the fact that petitioner retired on superannuation on 31st October, 2018 and even after expiry of more than six years till date provident fund has not been released in his favour.

Having considered the submissions made on behalf of the parties nothing is forthcoming from where it can be derived that petitioner is not entitled to receive provident fund dues. Therefore, the authority of Chandanpur Swami Vivekananda

High School, Purulia and its President being respondent no. 6 and teacher-in-charge being respondent no. 7 as well as the District Inspector of Schools (SE), Purulia being respondent no. 4 are directed to release provident fund dues in favour of the petitioner by 7 (seven) days from the date of communication of this order.

Petitioner shall be at liberty to claim interest before the concerned respondent authorities in accordance with law after the payment is made in terms of the order passed by this Court today. Writ petition stands disposed of.

Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.

(Saugata Bhattacharyya, J.)