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Calcutta High CourtWPA/20179/2021dismissed

Tapati Jana v. State Of West Bengal And ORS.

2022-04-26Hon'Ble Justice Amrita Sinha2 pages

26.04.2022.

d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 20179 of 2021 Tapati Jana -versusState of West Bengal & Ors.

Mr. Tapas Kumar Dey.

...For the State.

None appears on behalf of the petitioner on repeated occasions.

Learned advocate appearing for the State respondents was directed to call up the learned advocate for the petitioner over phone, which he did. But even thereafter, the learned advocate for the petitioner is not present in Court.

The petitioner prays for interest on account of delayed payment of arrear pension.

Learned advocate appearing for the State respondents has received instruction from the office of the District Inspector of Schools (P.E.), Purba Medinipur wherefrom it appears that the writ petition suffers from gross suppression of material facts. The writ petition also suffers from false and incorrect statements made on affidavit.

The petitioner in paragraph 3 of the writ petition has averred that after discharging continuous service

for about 33 years, the father of the petitioner died on 25th November, 2016 while he was in service. The same is absolutely wrong and incorrect statement.

Records maintained by the office of the District Inspector of Schools (P.E.), Purba Medinipur reveals that the teacher retired from service on attaining his normal age of superannuation on 31st July, 1990 and he enjoyed pension till the date of his death on 25th November, 2016.

The wife of the deceased teacher predeceased him on 16th November, 2009.

From the aforesaid, it can be concluded that the writ petition was filed without mentioning the proper facts.

The writs petition, accordingly, fails and is hereby dismissed.

The instruction given by the District Inspector of Schools (P.E.), Purba Medinipur dated 7th February, 2022, be retained with the records.

Urgent certified photo copy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)