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Calcutta High Court (Appellete Side)

Md. Mukhtar Ali vs The State Of West Bengal And Others on 10 February, 2014

Author: Sanjib Banerjee

Bench: Sanjib Banerjee

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  Serial 25.
February 10, 2014.
     SG
                                W.P. No.2453 (W) of 2014

                                    Md. Mukhtar Ali
                                        -versus-
                          The State of West Bengal and others

                           Mr. Lakshmi Kanta Pal
                           Mr. Bandhu Brata Bhula
                                           ... for the petitioner.

                           Mr. Jahar Lal De
                           Mr. Shamim Ul Bari
                                            ... for the State.

                           Mr. Chanchal Kumar Mitra
                                    ... for the respondent nos.4 & 5.

The petitioner claims the unpaid gratuity, leave salary and arrears of salary in terms of the recommendations of the fourth and fifth pay commissions.

The employers are represented and the respondent nos.4 and 5 do not dispute the amount claimed by the petitioner on account of gratuity and leave salary. However, the respondent nos.4 and 5 submit that in terms of the recommendations of the fourth and fifth pay commissions, arrears salary would be payable only upon receipt of the funds from the State Government in terms of the Revision of Pay and Allowances Regulations, 2009.

WP No.2453 (W) of 2014 is disposed of by directing the respondent nos.4 and 5 to release the gratuity and leave salary as claimed by the petitioner within a period of three months from date with interest at the rate of 10% per annum from the date following the petitioner's retirement till the date of actual payment.

For the payment of the arrears of salary in terms of the recommendations of the fourth and fifth pay commissions, the respondent nos.4 and 5 shall approach the State Government for release of adequate funds for meeting the dues of the petitioner. The relevant request should be made within a fortnight from date and the State Government should endeavour to release adequate funds for meeting such claim of the petitioner within three months from the date of receipt of such request.

In the event the petitioner is aggrieved by the quantum of dues paid under any head, the petitioner may receive such amount with liberty to challenge the quantum before the appropriate forum in accordance with law.

This order is made in consonance with an order dated September 6, 2013 made in similar circumstances.

There will be no order as to costs.

Certified website copies of this order, if applied for, be urgently made available to the parties, subject to compliance with all requisite formalities.

(Sanjib Banerjee, J.) 3