Pradip Chowdhury v. State Of West Bengal And ORS.

11.08.2025 Item No.05 BR WPA 17359 of 2025 Pradip Chowdhury -vsState of West Bengal and Ors.

Mr. Uddipan Banerjee, Mr. Subhrakanti Samanta, ...for the petitioner Mr. Pantu Deb Roy (Virtual), Mr. Pannalal Bandopadhyay .... For the State Affidavit of service filed by the petitioner be kept with the record.

The writ petition has been preferred praying for direction upon the respondent no. 3, Certificate Officer, Barrackpore Sub-division to recover the amount as awarded in the Certificate dated 21sth August, 2024 read with Rectified certificate dated 19/20th June, 2025 passed in respect of Gratuity Case No. G301/2016/JLC/BKP. The State has filed a report. Let the same be kept with the record.

It appears from the materials on record, that the Controlling Authority in the present case vide an order dated 27.4.2018 also issued a notice for

payment of gratuity on 26.4.2018 in favour of the petitioner herein.

Subsequent steps by the Controlling Authority, Barrackpore were taken only on 11.6.2024 for recovery of the said gratuity amount on an application made by the petitioner.

As such the case was delayed before the Controlling Authority for two years and the certificate was issued on 27.08.2024.

Rectified certificate was issued on 19/20.06.2025.

Since then the matter is pending before the Certificate Officer.

The Certificate Officer has to now act as per rectified certificate.

It is submitted by the learned counsel for the State that the next date before Certificate Officer is fixed on 8.4.2025.

It appears from the said facts that there has been delay only on the part of the Controlling Authority in this case and prima facie there is no delay on the part of the Certificate Officer at this stage.

Accordingly, the writ application is disposed of with the direction that the Certificate Officer shall dispose of the proceedings expeditiously in accordance with law, preferably within six months

from the date of communication of this order.

WPA 17359 of 2025 stands disposed of.

Urgent Photostat certified copy of this order, if applied for, be given to the learned counsel for the parties on usual undertakings.

( Shampa Dutt (Paul), J. )