Calcutta High Court (Appellete Side)
Anil Kumar Dutta vs The State Of West Bengal & Ors on 1 March, 2012
Author: Biswanath Somadder
Bench: Biswanath Somadder
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01.03.2012.
ap
W.P. 21418 (W) of 2011.
Anil Kumar Dutta
Vs.
The State of West Bengal & Ors.
Mr. Srikanta Datta
... For the petitioner.
Mr. Sadhan Kumar Halder
... For the State.
Affidavit of service filed in Court today be kept on record.
After considering the submissions made by the learned advocates for
the parties and upon perusing the instant writ petition, it appears that the
writ petitioner was essentially appointed as the Secretary of Noapara Gram
Panchayat falling under Nalhati - II Panchayat Samity, situated in the
district of Birbhum on 1st November, 1978. Thereafter, he was promoted
and posted as an Executive Assistant of Bhadrapur - I Gram Panchayat
with effect from 7th July, 2003. Subsequently, the petitioner was promoted
as Deputy Secretary of Panchayat Samity and was posted in the office of
Rampurhat - I Panchayat Samity with effect from 22nd October, 2008, and
continued till the date of attaining superannuation, i.e. 28th February,
2010.
After rendering almost thirty-two years of service, the petitioner ought
to have received all his pensionary dues immediately after his retirement.
However, the shocking state of affairs reveals that till date he has not been
paid his pensionary dues, since the Directorate of Pension, Provident Fund
and Group Insurance, Government of West Bengal, has returned the
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pension papers. The only reason for returning the pension papers of the
writ petitioner appears to be that the original option paper is missing from
his service book. According to the Directorate of Pension, Provident Fund
and Group Insurance, the original option paper or necessary permission
from the concerned department was required for sanctioning of pension.
On the other hand, the Executive Officer, Rampurhat - I Panchayat
Samity, has observed in his memo dated 24th October, 2011, addressed to
the Principal Secretary, Panchayats & Rural Development Department,
Government of West Bengal, that the then Executive Officer, Rampurhat -
II Panchayat Samity, District - Birbhum, has already expired so the
original option paper duly signed by the said Executive Officer cannot be
submitted by him.
In the midst of this bureaucratic tug-of-war, it has been complete
forgotten by the concerned authorities that pensionary dues of a retired
employee are not bounties or largesse which the State doles out. No
special favour is dished out by the State while providing a retired employee
his/her pensionary dues.
In the facts of the instant case, it is noticed that the writ petitioner
has little or no role to play. It was the bounden legal duty on the part of
the concerned authorities to have ensured prompt disbursal of the
pensionary dues of the retired employee. However, the manner in which
this matter has been handled by the concerned authorities leaves no doubt
in the mind of this Court that the writ petitioner will not be able to enjoy
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his pensionary dues in the coming few months unless there is an
immediate intervention by this Court.
In such circumstances, this Court directs the Principal Secretary,
Panchayats & Rural Development Department, Government of West
Bengal, being the respondent no.1 and the Director of Pension, Provident
Fund and Group Insurance, Government of West Bengal, being the respondent no.6, to ensure that the entire issue pertaining to the retiral dues of the writ petitioner is sorted out within 28th March, 2012, failing which, this Court may be constrained to issue directions upon the State not to disburse the salaries of all those authorities who are found responsible for causing delay in disbursal of the retiral dues of the writ petitioner, from the month of April 2012, till the writ petitioner's pensionary case is disposed of with promptitude, due dispatch and care.
The Registrar General is directed to communicate this order, forthwith, upon the Principal Secretary, Panchayats & Rural Development Department, Government of West Bengal and the Director of Pension, Provident Fund and Group Insurance, Government of West Bengal, in order to ensure immediate compliance.
(Biswanath Somadder, J.) 4 5