Calcutta High Court (Appellete Side)
Asit Kumar Bose vs The State Of West Bengal & Ors on 28 November, 2016
Author: Debangsu Basak
Bench: Debangsu Basak
1
28.11.2016.
rc
W.P. No. 24296(W) of 2015
Asit Kumar Bose
-Vs-
The State of West Bengal & Ors.
Mr. Arabinda Bhattacharjee
Mrs. Sujata Saxena .. For the Petitioner
Mr. T. Siddique .. For the State
An elderly gentleman is before this Court seeking pensionery benefits.
Learned advocate for the petitioner submits that the petitioner is 78 years of age.
He had applied for conversion from Contributory Provident Fund (in brevity "CPF") to
General Provident Fund (in brevity "GPF"). His request for pension has not been
considered and decided till date. He had made representation to such effect on January 13,
2015. The authorites are yet to decide on the same.
The State authorities are represented.
Considering that the representation dated January 13, 2015 is yet to be decided, it
would be appropriate to request the respondent no. 2 to consider and decide the same in
accordance with law. He will afford a reasonable opportunity of hearing to the petitioner. He will be at liberty to hear such other persons and consult such documents which he deems fit and proper. He will pass a reasoned order which he will communicate to the petitioner forthwith thereafter. He will complete the entire exercise within four weeks from the date of communication of this order.
Considering that the petitioner is of advanced stage it would be open to the petitioner to authorise any person to appear before the respondent no. 2 on his behalf. 2 In the event, the respondent no. 2 finds that the petitioner is not entitled to GPF, as claimed by the petitioner, he will take appropriate measures for the purpose of releasing CPF to the petitioner after adjustments of overdrawals, if any. Likewise, if it is found that the petitioner is entitled to receive GPF, the respondent no. 2 will take necessary steps for releasing the GPF after adjustments of overdrawals, if any.
With the above observations and directions W.P.No. 24296(W) of 2015 is disposed of without any order as to costs.
Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.
(Debangsu Basak, J.)