Dwadasi Charan Bera vs The State Of West Bengal And Ors on 26 June, 2019

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Calcutta High Court

Dwadasi Charan Bera vs The State Of West Bengal And Ors on 26 June, 2019

Bench: Moushumi Bhattacharya

OD-5
                               ORDER SHEET

                               WP 229 of 2019

                    IN THE HIGH COURT AT CALCUTTA
                      Constitutional Writ Jurisdiction
                             ORIGINAL SIDE


                        DWADASI CHARAN BERA
                                Versus
                  THE STATE OF WEST BENGAL AND ORS


 BEFORE:
 The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
 Date : 26th June, 2019.


                                                                       Appearance :
                                                          Mr. Sakti Pada Jana, Adv.
                                                                 ... for the petitioner

                                                         Mr. Subhabrata Datta, Adv.
                                                                    ... for the State



          The Court : The petitioner retired as an Assistant Teacher from the

 concerned school on 29th February, 2016.       The petitioner now prays for a

 direction on the concerned authority for payment of interest on the Provident

 Fund amount as per the demand submitted by the school authority by their

 letter dated 16th November, 2017.

          Learned counsel appearing for the petitioner relies on an Office Order

 passed by the Additional District Inspector of Schools dated 6th May, 2016

 which shows that the final payment and interest in the name of the petitioner

 was made for the year 2013 - 2014. Counsel submits that the petitioner is

 also entitled to payment of interest for the years 2014 - 2015 and 2015 - 2016
                                             2


     since the petitioner retired on 29th February, 2016. Counsel also relies on an

     application made by the petitioner for sanction of final payment which shows

     that the petitioner is entitled to Rs.1,09,918/- from the concerned authority

     and the calculation was enclosed with the letter dated 16th November, 2017

     sent by the school to the Additional District Inspector of Schools.

               Learned counsel appearing for the State submits that the concerned

     authority in this case to compute the admissible dues to the petitioner is the

     Additional District Inspector of Schools who should decide on the amount to

     which the petitioner is entitled.

               Having heard learned counsel, this Court deems it fit to direct the

     respondent no.3 being the Additional District Inspector of Schools to consider

the letter written by the school on 16th November, 2017 and the enclosure sent therewith showing that an amount of Rs.1,09,918/- is due to be payable to the petitioner. The Additional District Inspector of Schools is directed to decide on the admissibility of the claim within a period of four weeks from the date of communication of this order and disburse whatever amount which may be found due to the petitioner within a fortnight from such date. The disbursement should be made in favour of the petitioner not later than 17th August, 2019.

WP No.229 of 2019 is disposed of in terms of the above directions.

(MOUSHUMI BHATTACHARYA, J.) RS

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