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Calcutta High CourtWPA/13931/2023disposed

Rama Prosad Dutta @Rama Prasad Dutta v. State Of West Bengal And ORS.

2023-06-23Hon'Ble Justice Rabindranath Samanta2 pages

23.06 W.P.A. 13931 of 2023 Rama Prosad Dutta @ Rama Prasad Dutta -VersusThe State of West Bengal & Ors.

Ct.

No.

akb Ms. Subhanwita Ghosh Mr. Pinak Kumar Mitra Mr. Sagnik Bose ...For the Petitioner Ms. Tapati Samanta ...For the Respondent No. 5 Ms. Kalpita Paul ...For the State Respondents Affidavit-of-service filed by the petitioner be kept on record.

The writ petitioner joined as a librarian of Arunoday Pathagar, Media, North 24-Parganas on 4th December, 1981. After joining the service he acquired higher qualification by obtaining Bachelor Degree in Library and Information Science from Jadavpur University in the year 1989. The petitioner retired from service on superannuation on 31st October, 2018 as a Librarian of Bongaon Public Library & Town Hall. He served as a Librarian for about 36 years.

After the writ petitioner retired from service, revised pension payment order was issued to him in terms of ROPA 2009, but belatedly on 23rd May, 2022. By the revised pension payment order, a sum of Rs. 1,70,895/- has been deducted from his pensionary benefits. But the Authority concerned cannot deduct any amount of money after his retirement. Under such circumstance, the petitioner seeks direction so that the aforesaid amount of Rs. 1,70,895/- can be refunded to him with interest thereon. On perusal of the writ petition and the documents on record I find that the petitioner made a representation to the concerned authorities seeking redressal of his grievances as narrated in the writ application. The said representation

has not yet been disposed of.

Having heard learned Counsels appearing for the parties and on consideration of the documents on record annexed to this writ petition, I feel that the writ petition may be disposed of by passing the following order. The respondent No. 3, the Director, Diorectorate of Library Services, Government of West Bengal is directed to consider and dispose of the representation dated 18th May, 2023 made by the writ petitioner by passing a reasoned order after giving an opportunity of hearing to the petitioner or any other official of person, as he thinks proper within a period of eight weeks from the date of communication of this order. Once the order is passed, the respondent No. 3 shall communicate the order to the petitioner within seven days from the date of passing the order.

With the aforesaid directions the writ petition is disposed of.

Since, no affidavit-in-opposition has been invited the allegations made in the writ petition are deemed to have not been admitted by the respondents.

There will be no order as to costs.

All parties may act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat copy of the order, if applied for, be supplied to the parties on priority basis on compliance of necessary formalities.

( Rabindranath Samanta, J.)