Calcutta High Court (Appellete Side)
Samir Kumar Singha Mahapatra vs State Of West Bengal & Ors on 5 March, 2020
Author: Soumen Sen
Bench: Soumen Sen
1
05.03.2020
S/L No.11
Court No.16
(gc)
MAT 652 of 2019
With
CAN 10041 of 2019
With
CAN 10042 of 2019
Samir Kumar Singha Mahapatra
Vs.
State of West Bengal & Ors.
Mr. Mahadeb Khan,
Mr. Tarapada Das
... for the Appellant.
Mr. Supriyo Chatterjee,
Ms. Anjusri Mukherjee
...for the State.
Re: CAN 10041 of 2019
There is a delay of 201 days in preferring the appeal.
We have perused the application for condonation of delay. We
are satisfied with the explanations offered for not being able to file
the memorandum of appeal within the period of limitation.
On such consideration, the delay of 201 days in filing the
memorandum of appeal is condoned.
CAN 10041 of 2019 is allowed.
Re: MAT 652 of 2019
With
CAN 10042 of 2019
In spite of service, the Headmaster is not represented nor any
accommodation is prayed for.
2
The appeal is arising out of an order dated 7th September, 2018
passed by the learned Single Judge whereby the prayer of the appellant
for grant of interest due to delayed payment of provident fund was
spurned by the learned Single Judge.
The appellant was an assistant teacher in a Government aided
recognized High School who retired on superannuation on 31st March,
2015. After superannuation, the pension payment order was issued by
the Director of Pension Provident Fund and Group Insurance after
completing all formalities and taking necessary steps by the concerned
District Inspector of Schools (S.E.) Bankura and the retiral dues were
paid in favour of the appellant pursuant to the said pension payment
order.
The grievance expressed by the appellant in this appeal as well as
in the writ petition is non-payment of interest due to delayed payment
of provident fund. It appears that though the appellant retired on
superannuation on 31st March, 2015, the provident fund was released
in his favour on 20th August, 2018, after three years from the date of
retirement.
On perusal of the previous order of the learned Single Judge
dated 31st July, 2018, it appears that the Headmaster of the concerned
school was responsible for the delay in releasing the provident fund by
the District Inspector of Schools (S.E.), Bankura. The relevant
provident fund statement, which is required for payment of provident
fund, was not furnished by the Headmaster which caused delay in
3
releasing the provident fund. Since there was no fault attributable to
the concerned District Inspector of Schools (S.E.) Bankura and other
State respondents, the prayer for grant of interest for delayed payment
of provident fund cannot be allowed for giving direction upon the State respondents to make payment of interest on such delayed payment of provident fund.
However, we deprecate the acts and actions on the part of the Headmaster of the concerned School in dealing with the issue relating to preparation of provident fund statement of the appellant. There is an order passed by the learned Single Judge dated 31st July, 2018 by which the direction was given upon the concerned District Inspector of Schools (S.E.) Bankura to take steps against the Headmaster for his failure to prepare the provident fund statement of the appellant and forwarding the same to the District Inspector of Schools (S.E.) Bankura within time.
Considering the facts narrated in the order dated 31st July, 2018, we direct the District Inspector of Schools (S.E.) Bankura to deduct a sum of Rs.30,000/- from the salary of the Headmaster and remit the said amount by a cheque or a bank draft to the appellant within a period of fortnight from the date of communication of this order.
Upon payment of the said amount, i.e. Rs.30,000/-, the order of suspension passed by the competent authority in terms of the order of the learned Single Judge shall stand revoked and the Headmaster may be permitted to resume his duty in the concerned school. 4
With the above observation the appeal being MAT 652 of 2019 and the stay application being CAN 10042 of 2019 stand disposed of and the order of the learned Single Judge stands modified to the aforesaid extent.
Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Soumen Sen, J.) (Saugata Bhattacharyya, J.)