Calcutta High CourtWPA/6747/2020disposed

Sanjoy Kr Chatterjee v. State Of West Bengal & ORS

2020-09-30Hon'Ble Justice Arindam Mukherjee2 pages

30.09.2020 Ct. No.23 pg.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (VIA VIDEO CONFERENCE) WPA 6747 of 2020 with IA No: CAN 1 of 2020 (CAN 5663 of 2020) Sanjoy Kumar Chatterjee Vs.

The State of West Bengal & Ors.

Mr. Suman Sankar Chattopadhyay Mr. Pronay Basak ... For the petitioner None appears on behalf of the State when the matter is called on.

The petitioner had retired from service and is receiving pension. The petitioner refers to a memorandum dated 14th February, 2020 published by the Government of West Bengal, School Education Department, Budget Branch. According to the petitioner, by virtue of the said memorandum the petitioner is entitled to higher amount of pension and retiral benefits. It is submitted that the School Education Department, Budget Branch in terms of the recommendation made by the Finance Department, Government of West Bengal has published the said memorandum.

The petitioner's cause has to be adjudicated by the authority as there is no version as of now either by

rejection or by accepting the petitioner's contention from the side of the State respondents.

Considering the facts and circumstances, I think justice will be sub-served if the respondent no.3, being the Director, Directorate of Pension, Provident Fund & Group Insurance, Government of West Bengal, Finance Department, is directed to look into the petitioner's grievances by considering the present writ petition as his representation and adjudicate upon the same within a period of ten weeks from the date of communication of this order. The respondent no.3 will be free to decide the procedure of hearing keeping in mind the present pandemic situation but has to make broad compliance to the principle of natural justice by allowing the petitioner to adequately represent his case.

Nothing further remains to be adjudicated in the writ petition. The writ petition and the application, being CAN 1 of 2020 (CAN 5663 of 2020), stand disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties, upon compliance of necessary formalities.

(Arindam Mukherjee, J.)