Md Mansur Ali v. State Of West Bengal And ORS.

19.01.2023 Court No. 22 rrc

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA 6927 of 2022 (Md. Mansur Ali Vs. The State of West Bengal & Ors.) Mr. Golam Mastafa ......For the petitioner Affidavit-of-service filed in Court today, is taken on record.

Despite service none appears for the respondents nor any accommodation has been sought for.

Sufficient opportunity was granted to the respondents in this writ petition as would be evident from the orders dated June 16, 2022 and November 30, 2022. Despite opportunities, the respondent no. 3 chose not to file the affidavit report in terms of the direction made by this Court. The petitioner complains that he is a retired Assistant Teacher from one Sukanta Memorial Vidyapith (H.S.), District - Malda. He retired on December 31, 2021. He had not yet received his pension and the allied benefits. The petitioner had an unblemished career record as confirmed by Mr. Golam Mastafa, learned counsel appearing for the petitioner.

Drawing attention to Annexure P-4 to the writ petition which is a communication dated March 15, 2022, the learned counsel submitted that all the relevant documents and papers were already submitted before the respondent no.

2 and the same were also forwarded before the respondent no. 4 and the same had also reached the respondent no. 3. Drawing attention to Annexure P-6 to the writ petition, Mr. Mastafa submitted that despite representation, no step has been taken.

It is true that a retired State employee with an unblemished career record must receive his pension and allied employment benefit, strictly in accordance with law. In view of the above, to subserve justice the respondent no. 3 is directed to peruse all the relevant records and documents in the presence of the petitioner and the respondent no. 5 and shall release the necessary pension and allied benefit to which the petitioner is eligible and entitled to, strictly in accordance with law forthwith and positively within a period of four weeks from the date of communication of this order.

The respondent no. 4 is directed to render all assistance to the respondent no. 3 and shall produce whatever documents and records are sought for. The respondent no. 3 shall consider the case of the petitioner in the light of the case made out in the writ petition with all its annexures.

On the above terms, this writ petition being WPA 6927 of 2022 stands disposed of, without any order as to costs. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Aniruddha Roy, J.)