Kamala Roy Mitra v. The State Of West Bengal

15-01-2021 Subrata Item no.12

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side WPA No.7843 of 2020 Kamala Roy Mitra -vsThe State of West Bengal & Ors.

Mr. Sujit Kumar Rath Mr. Sukumar Sarkar ...for the petitioner None ...for the respondents Affidavit of service filed in court is retained with the records of the case. Despite service, none represents the respondents.

The petitioner claims to have retired from the service of Raiganj municipality on September 30, 2019. She complains by way of this writ petition that after retirement, she has not been paid her retirement benefits due to her. She prays for a direction upon the municipality to release her terminal dues.

It is submitted that a representation (Annexure P6, p.26) made by the petitioner praying for releasing her retirement dues has not been considered by the municipality till date.

In view of the situation, the instant writ petition is disposed of by directing the Raiganj Municipality and its Chairman - the respondents no.3(a) and 4 herein - to consider the petitioner's representation for release of his retirement benefits due to her, strictly in accordance with law, within a period of eight weeks from the date of communication of a copy of this order. The said

respondents shall pass a reasoned decision and communicate it to the petitioner immediately thereafter. In the event the respondents are of the opinion that the petitioner is entitled to receive her retirement benefits, necessary steps shall be taken for releasing the same at the earliest.

It is made clear that this court has not gone into the prayer of the petitioner made in the writ petition; and all points are left open to be decided by the respondents at the time of consideration of the petitioner's representation. [Amrita Sinha, J]