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Calcutta High Court (Appellete Side)

Shib Narayan Chakraborti vs State Of West Bengal And Others on 13 March, 2013

Author: Soumitra Pal

Bench: Soumitra Pal

                                                1



13. 3 . 2013


                          W.P. 4179(W) of 2013

                         Shib Narayan Chakraborti
                                  Versus
                      State of West Bengal and others


                      Mr. Timir Baran Saha,
                             ..for the petitioner.

                      Mr. Kallol Kumar Basu,
                                    ..for the State.

                      Affidavit of service filed today be kept on record.

                      In the writ petition the petitioner, who had retired on

               28th February, 2009 as Head Teacher of Dogachi Girls

               Primary School in the district of Nadia, has prayed for a

               direction upon the respondents, particularly on the Director of

Pension, Provident Fund and Group Insurance, Kolkata, the respondent no.3 for issuing revised pension payment order since he has exercised option under ROPA - 2009. It has been stated in paragraph 6 of the writ petition that the District Inspector of Schools (P.E.), Nadia, the respondent no.2 had sent the papers to the respondent no.3 and it is, therefore, prayed that the said respondent no.3 may be directed to pass appropriate pension payment order for granting the benefits under ROPA -2009. Submission has been made that though 2 a letter dated 10th January, 2013 on behalf of the petitioner was furnished before the respondent no.3 praying for such relief, however, till date it has not been considered. Aggrieved this writ petition has been filed.

Having heard the learned advocates for the parties and considering the statements made in the writ petition, particularly in paragraph 6 thereof, the writ petition is disposed of by directing the Director of Pension, Provident Fund and Group Insurance, Kolkata, the respondent no.3 to dispose of the matter regarding the grant of benefits under ROPA - 2009 to the petitioner by passing an appropriate order within eight weeks from the date of presentation of a copy of the certified copy of this order after verifying the original records and after making necessary enquiry. It is, however, made clear that I have not gone into the merits of the matter and all points are left open to be dealt with by the respondent no.3.

No order as to costs.

Urgent photostat certified copy of this order, if applied for, be furnished on priority basis.

(Soumitra Pal, J. ) 3 4