Sahadeb Samanta v. State Of West Bengal & ORS

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 18412 of 2017 Sahadeb Samanta VS The State of West Bengal & Ors.

Mr. Gobinda Chandra Bandyopadhyay .... For the petitioner Mr. Pinaki Dhole Mr. Md. Ziaur Rahaman .... For the State Pursuant to the direction made by this Court Court No. 22 16.10.2023 (Item No. 64) (AB) on September 21, 2023 the respondent No. 5 has filed a compliance report in the form of affidavit affirmed on October 11, 2023, the same is taken on record. Mr. Gobinda Chandra Bandyopadhyay, learned advocate appears for the petitioner submits that, the petitioner being an octogenarian suffering from various ailments, sent instruction to him that, the petitioner is not willing to file any exception to the said compliance report and the petitioner accepts the same.

The relevant portion for disposal of the writ petition from the said compliance report is quoted below:

"2. Regarding the claim of pension w.e.f.

01/01/2005 i.e. the next date after the date of retirement, petitioner Sri Sahadeb Samanta is being allowed to claim his pension w.e.f.

01/01/2005 and accordingly he is requested to submit his prayer along with all necessary documents through proper channel and

thereafter Director of Pension Provident Fund and Group Insurance (D.P.P.G.) may be requested to issue revised pension payment order (PPO) in the light of a judgement of the Larger Bench of this Court dated 30th September, 2019, in the matter of Md. Abdul Ghani _ Vs- State of West Bengal and Ors."

In view of the above stand taken by the respondent No. 5, the petitioner shall make necessary application before the respondent No. 2 preferably within a period of three weeks from date.

In the event, such an application is made by the petitioner the respondent No. 2 shall take all necessary steps to cause the necessary payment and disburse the sum by crediting the bank account of the petitioner according to the particulars of the bank account to be furnished by the petitioner, in terms of the stand taken by the respondent No. 5 as quoted above positively within a period of three weeks from the date of receiving such application from the petitioner.

On the above terms, this writ petition being W.P.A. 18412 of 2017 stands disposed.

There shall, however, be no order as to costs. Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

(Aniruddha Roy, J.)