Juma Rahim v. State Of West Bengal And ORS.

17.12.2025 Item No. 22 Crt.No.10 b.r. WPA 24357 of 2025 Juma Rahim -vsThe State of West Bengal & Ors.

Mr. Sauradeep Dutta Mr. Himadree Ghosh .... For the petitioner.

Mr. Bipin Ghosh .... For the State.

Mr. Ghanshyam Pandey Mr. S. Auddy .... For the private respondent.

Parties are represented through their respective learned counsels.

The petitioner is being superannuated from service on 16.09.2024, till date, the respondent company did not pay the gratuity amount to the petitioner. The petitioner approached the Controlling Authority under payment of gratuity Act, 1972 (hereafter referred to as the Act) for non payment of the gratuity amount.

On 18.09.2024, the Controlling Authority passed an order directing, inter alia, the respondent company to pay the gratuity amount to the petitioner along with interest. Since the respondent did not act in terms of the order of the Controlling Authority, a show cause notice was issued and finally a certificate was issued by the Certificate Officer which is pending for disposal.

No steps were taken by the certificate officer to recover the amount as directed by the controlling authority vide order dated 18.9.2024.

The petitioner in the writ petition prays, inter alia, for early disposal of the proceeding pending before the Certificate Officer to recover the amount from the company.

In view of the above, the respondent no.3 being the Certificate Officer is directed to recover the amount from the respondent no.4/Company and complete the entire proceeding as expeditiously possible in accordance with law within two months from the date of communication of this order and dispose of all connected applications, if any, within the time frame.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 24357 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be given to the parties on priority basis upon compliance of all formalities.

(Smita Das De, J.)