Buro Das v. State Of West Bengal And ORS.

Item No. 121 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 31.10.2022 Ct-24 WPA 20376 of 2022 Buro Das v.

The State of West Bengal & Ors.

Mr. Subhrajyoti Ghosh Ms. Sudipa Sen Gupta ... for the petitioner.

None appears either on behalf of the Municipality or the State respondents.

Affidavit-of-service filed in Court today is taken on record.

The petitioner was an employee of Krishnanagar Municipality who retired from service on attaining his normal age of superannuation on March 31, 2020. After his retirement the petitioner was paid pension on ad hoc basis. E-Pension Payment Order was issued in favour of the petitioner on July 9, 2021 and revised e-Pension Payment Order under ROPA 2019 was issued in his favour on February 23, 2022.

The petitioner complains that he has not received payment in terms of the e-Pension Payment Order dated February 23, 2022, particularly the amount as indicated against serial no. 1 and serial no. 7.

The petitioner made representation before the Municipality on February 25, 2022 followed by reminder dated April 4, 2022 and alleges that the same has not been considered till date.

As neither the Municipality nor any of the respondent authorities are appearing before the Court, accordingly, the matter cannot be decided conclusively. The present writ petition is disposed of by directing the Chairman, Krishnanagar Municipality being the respondent no. 4 to take steps to release payment in favour of the petitioner strictly in terms of the e-Pension Payment Order dated February 23, 2022. Such payment shall be made at the earliest but positively within a period of twelve weeks from the date of communication of a copy of this order.

The Chairman of the Municipality, if required, may afford an opportunity of hearing to the petitioner to produce documents in support of his claim.

The petitioner is directed to forward a copy of the e-Pension Payment Orders and all other documents in support of his claim to the Chairman, Krishnanagar Municipality at the time of communicating the order of this Court.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities Sh (Amrita Sinha, J.)