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Calcutta High CourtFMA/706/2022disposed

Raja Mohan Sil v. State Of West Bengal And ORS.

2023-07-19Hon'Ble Justice Soumen Sen,Hon'Ble Justice Uday Kumar4 pages

Ct-08 ar 15.03.2024 CPAN 374 of 2024 in FMA 706 of 2022 Raja Mohan Sil Vs.

Shilpa Nandi, Chairperson, Hooghly District Primary School Council Mr. Ranjan Kali Ms. Mitul Chakraborty Ms. Payel Nath ... For the Applicant/Appellant Mr. Biswabrata Basu Mallick, Ld. AGP ... For the DPSC, Hooghly Mr. Avishek Prasad ... For the State

1. We have heard the learned counsel appearing for the parties.

2. It appears that the subsistence allowance has already been paid to the applicant. However, due to non-furnishing of some essential documents and particulars DPSC, Hooghly, is unable to process the claim towards Provident Fund of the applicant.

3. Mr.

Avishek Prasad, learned counsel representing the State submits that provisional pension order has been issued to the applicant/appellant and some of Rs.6,00,000/- approximately would be credited to the designated bank account of the applicant by 18th March, 2024.

4. With regard to the other admissible dues, we direct the school authority and the applicant to be personally present before the Chairman, Hooghly District Primary School Council on 22nd March, 2024 at 12.00 noon with all documents in their possession in order to enable the Chairman to process the claim for Provident Fund of the applicant. The Sub-Inspector of Schools of the concerned Circle shall also be present on that date and time with required documents so that the payment of Gratuity and all other related issues of the applicant is resolved on that date.

5. It is needless to mention that all documents that are admissible including the dues mentioned above shall be resolved positively on that date by the concerned authorities.

6. The Chairman, Hooghly District Primary School Council and the Sub-Inspector of Schools of the concerned Circle shall file an affidavit of compliance of this order on 5th April, 2024 upon prior service to the learned advocate on record for the applicant.

7. This order shall be immediately communicated to the school by the applicant. In the event of absence of the school authority on 22nd March, 2024 before the Chairman, Hooghly District

Primary School Council, we may issue Rule against the school authority for non-compliance of the order.

8. The Chairman, Hooghly District Primary School Council shall also direct the school authority to produce all relevant documents pursuant to this order.

9. Let this matter appear on 5th April, 2024. (Soumen Sen, J.) (Uday Kumar, J.)