Smriti Bhattacharya v. State Of West Bengal
WPA 7866 of 2020 (VIA VIDEO CONFERENCE) 27.11.2020 KC Smriti Bhattacharya Vs.
The State of West Bengal & Ors.
Mr. Biswaroop Bhattacharya Mr. Sachindra Nath Misra.
... for the petitioner.
Ms. Chaitali Bhattacharya.
... for the State.
An order dated July 9, 2019 passed by the Administrator, Mangloi Radharani Girls' High School (HS), Mangloi, Purba Medinipur is under challenge in the present writ petition.
By the impugned order, the Administrator rejected the claim for retiral and pensionary benefits of the petitioner on the ground that service book of the petitioner in original during her service in the previous school, last pay certificate of the previous school and the release order of the previous school are not available.
State is represented.
Admittedly, the petitioner retired from service. She is entitled to retiral and pensionary benefits. The grounds for rejecting her claim as stated in the impugned order dated
July 9, 2019 cannot be accepted. Such grounds are not insurmountable. The authorities could have taken appropriate steps to resolve the issues.
Be that as it may, since the petitioner worked in Dhadhkundi Charulata Balika Vidyalaya, which is presently situated in Jhargram and the school which the petitioner retired, is in Purba Medinipur, it would be appropriate that, the District Inspector of School of Jhargram and Purba Medinipur are directed to reconcile the service records and documents of the petitioner. The two District Inspector of Schools will convene a meeting with the petitioner and the schools involved, within seven days from the date of communication of this order to them. They will reconcile the service records of the petitioner. They will take all steps including reconstruction of documents, if required, for the purpose of calculating the pensionary and retiral benefits receivable by the petitioner.
Upon arrival at the quantum of pensionary and retiral benefits receivable, they will sent appropriate intimation to the Director of Pension, Provident Fund and Group Insurance for issuance of appropriate Pension Payment Order in favour of the petitioner.
Payment Order is done within four weeks from the date of communication of this order to the two District Inspector of Schools.
Learned advocate for the State submits that, there is a outstanding issue of quantum of leave that the petitioner obtained from the two schools.
The two District Inspector of Schools will resolve such issue in the meeting as directed. They will take into account the leave obtained by the petitioner, if any, for the purpose of calculating the retiral and pensionary benefits. The two District Inspector of School will also take into account all relevant factors for the purpose of calculating the retiral and pensionary benefits receivable by the petitioner. Since, the District of Paschim Medinipur underwent an bifurcation, and since the previous school of the petitioner prior to bifurcation was located in Paschim Medinipur, it would be appropriate to direct the District Inspector of School Paschim Medinipur also to render assistance to the two District Inspector of Schools as directed if called upon to do so.
WPA No. 7866 of 2020 is disposed of without any order as to costs.
(Debangsu Basak, J.)