Gorachand Sau v. State Of West Bengal& ORS

18th January, 2022 (D/L No.09) (SKB) W.P.A. 13192 of 2019 (Via Video Conference) Gorachand Sau

Versus

State of West Bengal and others Mr. Ekramul Bari ... for the petitioner.

Mr. Malay Kumar Singh, Mr. Ranjan Banerjee ... for the State.

Mr. Achut Basu, Ms. Punam Basu ...for respondent no.2.

The only relief is sought for by the writ petitioner is against the concerned respondent to take steps pursuant to document dated 2nd December, 2018 (being the last successful login date) wherein an observation has been made that overdrawn amount to be refunded and service book and other papers to be rectified.

Learned counsel appearing for the petitioner submits that the petitioner retired on 31st January, 2019 and the overdrawn amount was due to be refunded in terms of the document dated 2nd December, 2018. However, no steps have been taken by the concerned respondents till date.

Learned counsel appearing for the State submits that he has received necessary instructions from the District Inspector of Schools (SE), Purba Medinipur and that the matter will be sorted out at the earliest.

In view of the above submissions, W.P.A.13192 of 2019 is disposed of with a

direction on the District Inspector of Schools (SE), Purba Medinipur to take steps in terms of the communication dated 2nd December, 2018 within six weeks from date. If papers have not already been sent to the concerned D.I., the concerned school shall send the same within a week from date.

Due to the inordinate delay on the part of the authorities to disburse the retirement dues to the petitioner despite the petitioner retiring on 31st January, 2019, the person or persons who was or were responsible for the delay would be liable to pay costs reasonably assessed at Rs.10,000/- (rupees ten thousand only) to be paid to the State Legal Services Authority for Covidorphans within a fortnight from date. Any order by which the overdrawn amount has been or proposed to be deducted naturally stands revoked.

Urgent photostat certified copy of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Moushumi Bhattacharya, J.)