Ajay Kumar Maity And ORS. v. State Of West Bengal And ORS.

10.10.2023 (M/L-56) Ct.-18 (Susanta) W.P.A. 17917 of 2023 Ajay Kumar Maity & Ors.

-Vs- The State of West Bengal & Ors.

Mr. Susanta Pal, Mr. Prabir Kumar Ray, .... For the Petitioners.

Mr. Biswabrata Basu Mallick, Ld. AGP, .... For the State.

The predecessor-in-interest of the petitioners was a Group-'D' staff of Ultadanga United High School, on superannuation he had retired from his said service on March 24, 1990 and died on May 25, 2001 but without receiving retiral benefits.

To get the said retiral benefits released, his son, the petitioner no.1 herein had filed a writ petition being WPA 17925(W) of 2005, a direction was passed in the said matter on November 25, 2010 whereby the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal, the respondent no.3 herein was directed to decide the said claim within a period of twelve weeks from the date of communication of the said order.

Unfortunately, the said direction was not complied with however, a further direction was passed in this matter on August 02, 2023, and

in pursuance thereof, the respondent no. 3 vide Memo no. 444/L/1(5)/DPPG/L-312/2005 dated September 01, 2023 has ultimately directed the District Inspector of Schools (S.E), Kolkata, the respondent no.4 herein to prepare the postretirement benefit case of the deceased employee after due adjustment of the excess salary drawn by him beyond sixty years of his service within two weeks and to submit the same to the office of the respondent no. 3 for final disposal of the matter.

The grievance of the petitioner has already been addressed, the concerned respondent is directed to take steps for disbursement of the arrear retiral benefits of the said deceased employee with interest thereon @ 4% per annum from the date of retirement till the date of such payment.

Entire exercise in this regard is to be completed within eight weeks from the date of communication of this order.

W.P.A. 17917 of 2023 is disposed of with the above terms without any order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)