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2007 DIGILAW 134 (CAL)

SRIPATI MAHATO v. DISTRICT INSPECTOR OF SCHOOL (P. E. ), PURULIA

2007-03-01

BISWANATH SOMADDER

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( 1 ) ON the last occasion I had directed the learned Advocate appearing on behalf of the petitioners to serve a notice upon the respondents, indicating that this matter shall be taken up for further consideration after a fortnight. I had further directed that the respondents may also be intimated that if no one appears on their behalf when the matter was next taken up for hearing, the Court would pass appropriate orders in their absence. ( 2 ) LEARNED Advocate appearing on behalf of the petitioners submits that he has duly given such notice upon the respondents. He is directed to file an affidavit of service in course to tomorrow, indicating such service. Today, in spite of this matter appearing in the list and in spite of fresh service, pursuant to my order dated 15th February, 2007, none appears on behalf of the respondents. ( 3 ) THIS is a matter pending before this Court for ten years. The writ petition discloses facts, which on a plain reading, is a clear indication of the appalling State of affairs in respect of non-disbursement of pension and other retiral dues by the State authorities in favour of a primary school teacher, who retired in 1989 and died in 1995, after serving the school since 1946, without getting a single penny of his retiral dues. ( 4 ) IN the instant case, one Rasaraj Mahato was appointed teacher of Bansa Primary School, at village Bansa, Post Office Tulin, in the District of Purulia, on 1st July, 1946. As stated in the petition, he was working as the Head-Teacher of the Primary School at the time of his superannuation on 1 st July, 1989, on completion of 60 years of age. Thereafter, one year extension was sanctioned. It appears from the writ petition that on 8th january, 1990, instruction came from the Sub-Inspector of Schools, jhalda-l Circle Purulia, directing Rasaraj Mahato to hand over charge. Consequently, he handed over charge on 1st March, 1990 to one harekrishna Majhi, Teacher-in-Charge of Bansa Primary School. ( 5 ) THE writ petitioners are the two sons and one daughter of Rasaraj mahato. It has been stated in Paragraph-1 of the writ petition that Rasaraj mahato expired on 28th February, 1995. Consequently, he handed over charge on 1st March, 1990 to one harekrishna Majhi, Teacher-in-Charge of Bansa Primary School. ( 5 ) THE writ petitioners are the two sons and one daughter of Rasaraj mahato. It has been stated in Paragraph-1 of the writ petition that Rasaraj mahato expired on 28th February, 1995. The writ petitioners have filed the instant writ application stating specifically in Paragraph-3 that late rasaraj Mahato was entitled to the following terminal benefits upon his retirement: - ". Unpaid monthly salary for the period from March, 1989 till the date of actual retirement.. Gratuity for the period of service from 1946 till the date of actual retirement.. Provident Fund accumulation under Membership No. 1168. IV. Pension as applicable under the rule. " ( 6 ) IT will appear from the averments made in the writ petition that till the time of Rasaraj Mahato's death, not a single penny was paid to him in respect of his retiral dues, which he was entitled to in law. ( 7 ) IT appears that it was in this back-drop that the writ petitioners filed the instant writ petition sometime on 11th March, 1997, praying inter alia for issuance of a writ in the nature of Mandamus commanding the respondent Nos. 1, 3 and 4 to forthwith release the retiral dues accrued in the name of late Rasaraj Mahato. There is also a prayer in the writ petition for issuance of writ in the nature of Mandamus commanding the respondent nos. 1, 3 and 4 to pay the petitioners all dues of late Rasaraj Mahato together with the interest @ 18% and damages of Rs. 10,000/- ( 8 ) TEN years have passed since the filing of the writ petition. Learned advocate appearing on behalf of the petitioners submits that till date no retiral dues of late Rasaraj Mahato have been paid by the concerned authorities. ( 9 ) THE facts, as stated in the writ petition, by itself, are shocking enough. But, more shocking is the fact that even after the petitioners filed the instant writ petition ten years ago, the respondent authorities did not wake up or take any steps to release the retiral dues of late Rasaraj Mahato, ex- Head Teacher of Bansa Primary School, which they could have, in any event of the matter. But, more shocking is the fact that even after the petitioners filed the instant writ petition ten years ago, the respondent authorities did not wake up or take any steps to release the retiral dues of late Rasaraj Mahato, ex- Head Teacher of Bansa Primary School, which they could have, in any event of the matter. ( 10 ) THERE is no explanation on record given by the authorities over the last ten years since the filing of the writ petition, as to why the retiral dues of late Rasaraj Mahato have not been paid. The facts, thus remain uncontroverted. ( 11 ) THIS Court takes painful note of the acute financial distress under which the late Rasaraj Mahato may have survived, post-retirement. A series of correspondence annexed to the writ petition is a telling commentary on the sordid State of affairs. A primary school teacher served his school since 1946. Retired in 1989. Given a limited extension for a few months. Died in 1995, without getting his retiral dues. Even filing of the instant writ petition had no effect on the concerned State authorities. According to me, this is a fit case where the High Court, for the interest of justice, sitting in its high prerogative constitutional writ jurisdiction, can intervene and issue appropriate writs and/or directions. ( 12 ) IN the circumstances, the writ petition is allowed. There shall be an order in terms of prayer, "a". The same shall be complied, within a period of eight weeks from date of communication of this order, without the respondent authorities taking recourse to any hyper-technical plea whatsoever. ( 13 ) THE Chief Secretary, Govt. of West Bengal, either himself or through the Secretary of the concerned Department of Education, is directed to conduct an enquiry in terms of this order and fix responsibility on the delinquent official/officials. If it is found, upon enquiry, that there has been even an iota of lapse or neglect on the part of such official/ officials, in that event the State Government will be entitled to attach the salary /retiral benefits of such official/officials and realise payment of rupees ten thousand as damages together with simple interest payable on the total retiral dues of late Rasaraj Mahato, to be calculated @ 10% per annum, from the date of his retirement, till the date of this order. The amount so collected by the State Government, shall be paid to the heirs of the late Rasaraj Mahato. This entire exercise has to be completed within a period of six months from date of communication of this order.