Shiba Prosad Banerjee v. State Of West Bengal And ORS.

20.12.2022 sayandeep Sl. No. 30 Ct. No. 05 WPA 26190 of 2022 Shiba Prosad Banerjee -Versus- The State of West Bengal & Ors.

Mr. Swarup Paul Mr. Surya Maity Mr. Anirban Chakraborty .....for the petitioner Mr. Debashis Ghosh Mr. Prantik Gorai .....for the State The grievance of the petitioner is that despite providing three vehicles for being used by the Katwa Sub-Divisional Hospital in aid of the Nischay Jaan Services Scheme floated by the State, the petitioner's pending bills have not been cleared till date. The petitioner made several representations to the authorities including demand notice of 18th October, 2022 stating that Rs. 10,03,972/- remains to be paid by the State authorities. The particulars of bills were stated in the demand notice. The Bills were raised with regard to the services rendered from November, 2016 to March, 2017.

The fact that the amount stated in the demand notice is not disputed would appear from an internal communication dated 4th March, 2020 from the Superintendent, Katwa Sub-Divisional Hospital to the State Family Welfare Officer asking the latter to make

payment to nine owners of 14 vehicles for the Nischay Jaan Scheme. The petitioner is one of the nine owners. further communication from the Superintendent, Katwa Sub-Divisional Hospital to the petitioner of 29th November, 2022 is also an admission of the unpaid amount. By the said communication, the State authority has admitted that the Bills have remained pending for a long time and the demand had already been placed to the "higher authority". The respondents are represented.

WPA 26190 of 2022 is disposed of with the direction on the respondent No. 6 being the State Family Welfare Officer (SFWO) to act in accordance with the communication given by the State respondents and make payment of the admitted amount to the petitioner within a period of three weeks from date.

As submitted by learned counsel appearing for the respondents, the payment shall be made to the Katwa, Sub-Divisional Hospital who shall then make the payment to the petitioner within one week from the date on which the payment is received by the Hospital. (Moushumi Bhattacharya, J.)