Calcutta High Court (Appellete Side)
Sri Dipayan Bhattacharya vs The State Of West Bengal & Ors on 25 September, 2014
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
Present:
The Hon'ble Justice Jyotirmay Bhattacharya
AND
The Hon'ble Justice Tapash Mookherjee
M.A.T. 1427 of 2013
With
CAN 2037 of 2014
With
CAN 2062 of 2014
Sri Dipayan Bhattacharya
versus
The State of West Bengal & Ors.
For the Writ Petitioner/ : Mr. Biswaroop Bhattacharya,
Applicant/Appellant Mr. Swapan Kumar Pal,
Mr. Tapan Kumar Mahapatra.
For the State-Respondents : Mr. Kamalesh Bhattacharya,
Ms. Sujata Ghosh.
Judgement On : 25-09-2014.
Re: CAN 2037 of 2014 (Sec. 5)
Jyotirmay Bhattacharya, J. : The instant mandamus appeal is directed against an order passed by the Learned Single Judge of this Court on 21st June, 2013 in W.P. 14299(W) of 2011 whereby the writ petitioner/appellant was directed to submit all the documents required in terms of the letter issued by the concerned District Inspector of Schools on 11th January, 2013 after their authentication by the Teacher-in-Charge of the school to the District Inspector of Schools by 5th July, 2013 and the concerned District Inspector of Schools was directed to process those papers immediately on their receipt so that pension and other terminal and/or retiral benefits of the writ petitioner/appellant is disbursed at an early date.
There was 53 days delay in filing this appeal. Hence, an application for condonation of delay has been filed by the appellant/applicant.
Reason for the delay has been explained by the appellant/applicant in this application. It is stated therein that after the said order was passed by the Learned Trial Judge, the writ petitioner/appellant/applicant visited the office of the concerned District Inspector of Schools repeatedly to pursue the process of settlement of his retiral dues, but ultimately when he found that all his attempts were in vain, he as per the advice of his learned advocate, filed the instant appeal before this Court. It is, further, contended therein that his illness for a period of two weeks is also another cause which stood in the way in filing this appeal within the prescribed period of limitation.
Considering such uncontroverted statement of the writ petitioner/appellant/applicant, we find that the reason for the delay has been sufficiently explained by the appellant/applicant in this application.
Accordingly, delay in filing this appeal is condoned. Application for condonation of delay being CAN 2037 of 2014 is thus allowed.
Let the appeal now be registered.
Re: MAT 1427 of 2013 Immediately after the appeal is regularised on condonation of delay, we are invited by the learned advocates of both the parties to hear out the appeal itself on the basis of the papers before us.
Since all the necessary papers have already been included in the stay application, we have decided to hear out this appeal by dispensing with the requirement of filing the paper books by the appellant in this appeal.
Heard the learned advocates appearing for the parties. Considered the materials on record.
The writ petitioner/appellant who was an Assistant Teacher in Telinipara High School, Titagarh retired from service on superannuation with effect from 31st August, 2009, but his retiral dues have not yet been paid to him. The reason for the delay is mentioned in the letter of the District Inspector of Schools dated 11th January, 2013 addressed to the Head of the Institution. The concerned District Inspector of Schools requested the school authority to submit as many as nine documents for enabling him to complete his part of the exercise for settlement of retiral dues of the writ petitioner/appellant.
Considering the said letter of the concerned District Inspector of Schools, the Learned Trial Judge directed the school authority to forward all those papers to the concerned District Inspector of Schools within 5th July, 2013 and the concerned District Inspector of Schools was directed to complete the entire process on receipt of such papers within a time bound period, so that the retiral dues can be disbursed at an early date.
Despite such order was passed by the Learned Single Judge of this Court, the school authority has not yet submitted those papers to the concerned District Inspector of Schools till date. As a result, the retiral dues of the writ petitioner/appellant could not be settled by the concerned District Inspector of Schools.
We have perused the said letter written by the concerned District Inspector of Schools whereby as many as nine set of documents were directed to be submitted by the school authority to the concerned District Inspector of Schools. We find that out of those nine set of documents, some are required to be submitted by the writ petitioner/appellant. In this regard, reference may be made to the following documents which are required to be furnished by the writ petitioner/appellant :-
1. Age proof,
2. Qualification proof,
3. Three copies of photograph (Joint) and
4. Signature of the writ petitioner duly attested by the authority.
In addition to that, the writ petitioner/appellant is also required to sign on page 31 of the pension booklet which is in custody of the school authority. The writ petitioner/appellant is thus directed to subscribe his signature on page 31 of the said pension booklet.
With regard to the other documents mentioned in the said letter of the concerned District Inspector of Schools, we find that the school is required to submit the following papers :-
1. Pay of the writ petitioner/appellant should be recasted along with grade pay on S.B. and pay certificate,
2. Ropa 1990, 1998, 2009 should be completed by the school authority, and
3. Ropa 2009 pay fixation should also be corrected by the school authority.
Regarding production of the house rent allowance declaration, we make it clear that whoever is required to submit the said document, should also submit the same to the concerned District Inspector of Schools.
In spite of service of notice, none appears on behalf of the school authority. Thus we presume that the requisite documents could not be submitted due to non-cooperation from the side of the school authority.
Be that as it may, we direct both the writ petitioner/appellant and the Headmaster of the said school to be personally present before the concerned District Inspector of Schools (Secondary Education) in his office positively on 5th November, 2014 at 11 a.m., so that those formalities can be completed with the co-operation of the writ petitioner/appellant and the Head of the said Institution in the presence of the concerned District Inspector of Schools on the said date.
The concerned District Inspector of Schools is thus directed to complete the entire exercise which he is required to complete for settlement of retiral dues of the writ petitioner/appellant immediately thereafter, so that the ultimate retiral dues of the writ petitioner/appellant can be disbursed to the writ petitioner/appellant within eight weeks thereafter.
It is made clear that since the time for completion of the aforesaid formalities is fixed by this Court in this order in the presence of the learned advocates of the writ petitioner/appellant as well as the concerned District Inspector of Schools, no further notice need be served upon the writ petitioner/appellant. However, since the school authority remains absent today, the writ petitioner/appellant is directed to communicate this order to the Headmaster of the said school immediately.
The appeal is thus disposed of with the above modifications of the impugned order.
Let the affidavit-of-service filed in Court today, be kept with the record.
Re: CAN 2062 of 2014 (Stay) In view of disposal of the appeal in the manner as aforesaid, no further order need be passed on the stay application. The stay application being CAN 2062 of 2014 is thus deemed to be disposed of.
Urgent photostat certified copy of this order, if applied for, be furnished to the applicant as early as possible.
(JYOTIRMAY BHATTACHARYA, J.) ( TAPASH MOOKHERJEE, J. ) dc.