Calcutta High Court (Appellete Side)
Pravati Das vs The State Of West Bengal & Ors on 2 April, 2013
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
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02.4.13 W.P. 25065 (W) of 2012
Pravati Das
-Versus-
The State of West Bengal & Ors.
Mr. Sk Rajaul Alam ...For Petitioner
None appears on behalf of the respondents,
when the matter is called on.
Affidavit-of-service filed on behalf of the petitioner, be kept on the record.
This writ application is filed by the petitioner for a direction upon the respondent Authority to release her revised pensionary benefit on the basis of the West Bengal Non-Government Employees (Revision of Pay and Allowance) Rules 2009. The petitioner retired from her services as 'Headmistress' of Roynagar Haramohini Balika Vidyalaya, District - Purba Medinipur, with effect from November 01, 2006 on attaining the age on superannuation.
Having heard the learned Counsel appearing on behalf of the petitioner as also after considering the facts and circumstances of this case I find that the issue of granting the above benefit in favour of the petitioner has been sent by the respondent No. 4 to the respondent No. 3 under Memo No. 149-S/Pen/2(1) dated March 13, 2012 (at page 19 of the writ application).
Therefore, I direct the respondent Authority to grant the above benefit in favour of the petitioner within a period two months from the date of communication of this order provided the petitioner is entitled to such benefit in accordance with law.
It is made clear that in the event the petitioner is not entitled for such benefit in accordance with law, the respondent Authority shall communicate the reason therefor to the petitioner within the period stipulate hereinabove.
I make it clear that I have not entered into the merits and all 2 points are kept open This writ application is disposed of. There will be, however, no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
( Debasish Kar Gupta, J.)