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Calcutta High CourtWPA/14995/2021disposed

Samir Khan v. State Of West Bengal And ORS.

2021-11-25Hon'Ble Justice Shampa Sarkar2 pages

S/L 24 25.11.2021 Court. No. 19 GB W.P.A. 14995 of 2021 Samir Khan VS The State of West Bengal & Ors.

Mr. Srikanta Datta.

... for the Petitioner.

Ms. Jyostana Roy Mukherjee, Mr. Arjun Roy Mukherjee.

... for the State.

Mr. Yusof Ali Dewan.

... for the Municipality.

Affidavit-of-service filed in Court today be kept with the record.

This matter relates to the grant of pensionary benefit to an ex-employee of Jiaganj-Azimgang Municipality. It is submitted by Mr. Dewan, learned advocate appearing on behalf of the Jiaganj-Azimgang Municipality that twice the records were completed and submitted before the Assistant Director, Pension, Provident Fund and Group Insurance, Government of West Bengal, but on both occasions the file was returned with queries. The last query was received on March 1, 2021, which is Annexure-P11 to the writ petition. He further submits that the municipality will do the needful and rectify the defects within one month. Ms. Roy Mukherjee, learned advocate appearing on behalf of the State submits that there were some disputes with regard to overdrawal as well. It is submitted by the

petitioner that the overdrawn amount has already been refunded. Ms. Roy Mukherjee submits that once the municipality writes to the Assistant Director, Pension, Provident Fund and Group Insurance, Government of West Bengal, about the reason why the mismatch occurred in the service book and the IPF statement of 1996, the matter will be resolved.

This writ petition is disposed of with a direction upon the municipality to complete the formalities as per the queries raised by the Assistant Director, Pension, Provident Fund and Group Insurance, Government of West Bengal by the letter dated March 1, 2021 within a month from date. Upon completion of such formality, the Assistant Director, Pension, Provident Fund and Group Insurance, Government of West Bengal shall make all endeavour to issue the Pension Payment Order within a period of two months thereafter in accordance with law.

Needless to mention, that soon thereafter the regular pensionary benefit shall be disbursed as admissible and as per law. If there is any further query, then the petitioner shall be given a hearing by the P.P.O. issuing authority. A reasoned order shall be passed within the aforementioned period and be communicated to the petitioner. Accordingly, the writ petition is disposed of. However, there will be no order as to costs.

All the parties are directed to act on the server copy of this order.

(Shampa Sarkar, J.)