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2009 DIGILAW 852 (CAL)

In The Matter of Subhas Chandra Karmakar v. Principal Secretary

2009-12-01

ANIRUDDHA BOSE

body2009
Judgment :- (1.) By consent of the learned Counsel appearing for the petitioner, West Bengal Legislative Assembly and Accountant General, West Bengal, this writ petition is being taken up for final hearing at this stage. (2.) In course of hearing learned Counsel for the petitioner has confined his prayer for release of his retrial benefits. He alleges that his pension is being withheld because of his implication in two criminal cases. He submits that in one case being No.SecG/DD/472/05 he has been discharged by the order of the Chief Metropolitan Magistrate, Calcutta dated 20th June 2008, a copy of which has been annexed at page 33 of the writ petition. As regards the other case, being G/R2454/05, is concerned, learned Counsel appearing for the petitioner submits that the same is pending for four years without filing of charge-sheet. (3.) It is submitted on behalf of the West Bengal Legislative Assembly that the General Provident Fund dues and Group Insurance dues are composite dues. So far as the said dues under the heads of General 2 Provident Fund and Group Insurance are concerned, the said sum has been duly paid. As regards the pensionary benefits, learned Counsel appearing for the Accountant General, West Bengal submits that the Pension Payment Order had been issued on 14th July 2009. Under the Rules, he is entitled to receive two-third of the pension amount. (4.) Since such order has already been issued by the office of the Accountant General, West Bengal, I do not think that there is any further grievance of the writ petitioner except that the concerned authorities shall release dues at the earliest. (5.) With this direction, the writ petition stands disposed of. I make it clear that I have not considered the claim of the petitioner as regards his culpability in the criminal case in the present proceeding and that issue shall be open to be decided by the appropriate forum in accordance with law. (6.) Since no affidavit has been filed in this matter, the allegations made in the writ petition shall be deemed not to have been admitted. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.