Shyamsundar Debnath v. The Baidyabati Municipality And ORS.

05.08.2025 Sl. No. 15 Ct No. 3 tkm WPA 15625 of 2025 Shyamsundar Debnath Vs The Baidyabati Municipality & Ors.

Mr. Partha Sarkar, Mr. Abhijit Basu, Ms. Megha Sarkar.

... for the petitioner Mr. P.C. Das, Ms. Soma Chowdhury Bandhu.

...for Municipality 1.

Affidavit-of-service is taken on record.

2.

The petitioner has preferred the present writ petition being aggrieved by the inaction on the part of the respondent in not releasing the arrears of pension and gratuity amounting to Rs.5,97,695/-, together with 7% interest on the said amount from the date of retirement till the date of actual payment.

3.

Learned Counsel for the petitioner submits that petitioner was an employee of the respondentMunicipality and he has superannuated from the service on 31.03.2024. He further states the PPO was issued on 04.03.2025 for releasing of the pension and other retirement benefits of the petitioner. It transpires from the said PPO that the total gratuity amount and pension has been sanctioned as Rs.4,82,625/-,and Rs. 17,550/- and the other allowances as per ROPA 2019.

Subsequently, the respondent-municipality issued a calculation sheet on 25.04.2025 in which the

petitioner's total outstanding amount is reflected as Rs.5,97,695/- including the arrears of pension and gratuity. It is the submission of the Petitioner that even after the lapse of a considerable period of more than one year since his retirement, the Respondent Municipality failed to clear the retiral dues. Despite several representations made by the petitioner before the respondent-Municipality, the aforementioned amount has not yet been received.

4.

Learned Counsel for the respondent-Municipality on instruction submits that they shall release the gratuity amount within a period of 12 weeks from the date of communication of this order.

5.

Learned Counsel for the petitioner states that he shall be satisfied if the same is done within a period of 12 weeks as submitted by the learned Counsel for the respondent-Municipality.

6.

In view of the said submissions, this Court directs the respondent-municipality to release the said arrears of pensionary benefits as well as the gratuity within the said period of 12 weeks from the date of communication of this order.

7.

With the above direction, the present writ petition is disposed of.

8.

Since no affidavits have been filed by the respondents, the allegations made in the writ petition shall not be deemed to have been admitted.

9.

Let urgent Photostat certified copy of this order, if applied for, be supplied to the parties on usual undertaking.

(Gaurang Kanth, J.)