Calcutta High Court (Appellete Side)
WP-18955W-2015 on 3 September, 2015
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
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03.09.2015
s.das
W.P. 18955(W) of 2015
Mr. Ekramul Bari,
Mr. Shuvro Lahiri
... for the petitioner
Mr. Biswajit De,
Mr. Asim Hati
.... for the State
Mr. Biswarup Biswas
.... for the respondents no. 6 & 7
The petitioner has filed the present writ petition for direction upon the respondents to release and regularize the petitioner's pensionary and other retiral benefits.
Mr. Bari, learned Counsel appearing for the petitioner, submits that the petitioner has been allowed to enjoy the higher scale of pay till the date of superannuation i.e. 31st July, 2014.
Mr. Biswas, learned Counsel appearing for the respondents no. 6 and 7, submits that after the retirement of the petitioner the school authority has forwarded all the papers pertaining to the petitioner's pension to the concerned District Inspector of Schools (S.E.), District-Hooghly.
Mr. De, learned Counsel appearing for the State, submits that in the years 2001 and 2003 the petitioner was given notice that he has been wrongly granted higher scale of pay though he is not entitled to get the higher scale of pay. He also submits that relationship between the master and servant has been ceased after the retirement of the petitioner which is strongly disputed by Mr. Bari, learned Counsel appearing for the petitioner. Mr. Bari, learned Counsel, submits that the pension is the property of the petitioner and the petitioner's pensionary benefit is lying with the State and the State is enjoying the interest from the 2 petitioner's pensionary benefit which is given under the Article 300A of the Constitution of India as the property. Only the petitioner and his heirs have the right to enjoy the property, not the State.
Therefore, Mr. De, learned Counsel appearing for the State, is directed to file a report to that extent why the petitioner's pension has been withheld till date and whether admittedly the petitioner retired on 31st July, 2014. Report should be filed on 17th September, 2015.
Let the matter appear on 17th September, 2015 at 10.30A.M. under the same heading.
( Samapti Chatterjee, J. ) 3 W.P. 15557(W) of 2015 Ms. Ranjana Har Chowdhury ... for the petitioner Ms. Sipra Majumder, Mr. K.M. Hossain ... for the State Let affidavit-of-service filed by the learned Counsel for the petitioner in Court today be kept on record.
Despite service of notice no one appears on behalf of the State authority. No adjournment is sought for.
Ms. Majumder, learned Counsel, who usually appears for the State, is present in Court today.
I direct Ms. Majumder, learned Counsel alongwith Mr. Hossain, learned Counsel, to appear in this matter for the State.
Legal Remembrancer is directed to regularize the engagement of Ms. Majumder, learned Counsel and Mr. Hossain, learned Counsel appearing for the State, accordingly.
There is no scope to pass any interim order at this stage. Respondents are directed to file affidavit- in-opposition by three weeks from date; reply, if any, be filed within one week thereafter.
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