Calcutta High CourtWPA/7840/2020disposed

Dipak Kumar Bagchi v. The State Of West Bengakl

2021-01-15Hon'Ble Justice Amrita Sinha2 pages

15.01.2021.

d.p.

W.P.A 7840 of 2020 (Via Video Conference) Dipak Kumar Bagchi -versus The State of West Bengal & Ors.

Mr. Sujit Kumar Rath, Mr. Sukumar Sarkar.

...For the Petitioner.

Mr. Syed Samsul Arifin, Mr. Abdus Salam.

...For the State.

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

The petitioner prays for release of arrear pension, gratuity and provident fund along with other retiral benefits. He claims that he was an employee of the Raiganj Municipality and retired from service on attaining the normal age of superannuation on 31st July, 2019.

The petitioner alleges that his prayer for release of his retiral benefits has not been considered by the respondent authority till date.

None appears on behalf of the Raigang Municipality in spite of service.

As it appears that the representation of the petitioner praying for release of his retiral dues has not been considered by the Municipality, no useful purpose will be served by keeping the writ petition pending.

Accordingly, the writ petition is disposed of by directing the respondent Nos. 3(a) and 4 being the Municipality and its Chairman, to consider the representation made by the petitioner, strictly in accordance with law, within a period of eight weeks from the date of communication of a copy of this order. The said respondent shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

In the event the respondent authority is of the opinion that the petitioner is entitled to receive his retiral benefits, then necessary steps shall be taken for disbursal of the same at the earliest.

It is made clear that this Court has not gone into the merits of the prayer of the petitioner and all points are left open to be decided by the said respondent at the time of consideration of the representation of the petitioner.

W.P.A. 7840 of 2020 is disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

( Amrita Sinha, J.)