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Calcutta High CourtWPA/27527/2022disposed

Sujit Kumar Ray v. State Of West Bengal And ORS.

2022-12-21Hon'Ble Justice Rabindranath Samanta3 pages

21.12 W.P.A. 27527 of 2022 Sujit Kumar Ray -VersusState of West Bengal & Ors.

Ct.

No.

akb Mr. Souri Ghosal Mr. Prabhat Kumar Singh ...For the Petitioner Ms. Sudipa Roy Mr. Srinath Singha Roy ...For the State Respondents Affidavit-of-Service filed on behalf of the petitioner be kept on record.

The writ petitioner was Initially appointed as a Librarian of Kaluadighi Pallymangal Pathagar and he retired from service on superannuation on 1st April 2016. While he was serving in the said Pathagar as a Librarian he used to draw pay in the pay scale of Rs. 5,400 - Rs. 25,200/- with grade pay of Rs. 2,900/-. By an order dated 29th December, 2015 he was promoted from the said rural Library to Mahadipur Udayan Sahitya Samity Town Library. On his promotion, his pay scale was revised as of Rs. 7,100 - Rs. 37,600/- with grade pay of Rs. 3,900/-. On his retirement, Pension Payment Order was issued in favour of him on the basis of unrevised pay scale, which he was drawing as Librarian of a rural Library.

The petitioner is entitled to get a revised Pension Payment Order commensurate with the pay which he lastly drew being promoted as Librarian of the Town Library. The petitioner made representations to the authority concerned several times seeking revised Pension Payment Order, but to no effect. Under such circumstances, the petitioner seeks direction upon the concerned respondent so that his revised Pension Payment Order is issued inconsonance with the last pay he drew being promoted as Librarian of the Town Library.

It appears from the case record that the petitioner lastly made a representation dated 22nd June, 2021 to the Assistant Director, Office of the Director of Pension, Provident Fund and Group Insurance seeking revised Pension Payment Order, but it yielded no result. Having heard the learned Counsels appearing for the parties and on consideration of the materials placed on record, I think that the writ petition may be disposed by passing the following order.

The respondent No. 2, the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal is directed to consider and dispose of the representation dated 22nd June, 2021 of the petitioner addressed to the Assistant Director by passing a reasoned order giving opportunity of hearing to the petitioner within a period of six weeks from the date of communication of this order.

Once the order is passed, the respondent No. 2 shall communicate the order to the petitioner within seven days from the date of passing the order.

With the aforesaid direction, the writ petition is disposed of.

Since, no affidavit-in-opposition has been invited the allegations made in the writ petition are deemed to have not been admitted by the respondents.

There will be no order as to costs.

All parties may act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat copy of the order, if applied for, be supplied to the appellant on priority basis on compliance of necessary formalities, on priority basis.

( Rabindranath Samanta, J.)