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2011 DIGILAW 429 (CAL)

Priti Das v. STATE OF WEST BENGAL

2011-03-24

JYOTIRMAY BHATTACHARYA

body2011
JUDGMENT 1. CHOWDHURY Faruq Ali, learned Advocate submits that he has no instruction to appear in this matter. He further submits that he also did not appear in this matter earlier but his appearance was wrongly recorded in the order dated 14th December, 2010. 2. IN spite of direction being issued upon the concerned District Inspector of Schools on 14th December, 2010 by. this Court, no report has been submitted by the concerned District Inspector of Schools disclosing the reasons as to why the retiral benefits of the petitioner has not been released till date. The petitioner, who was the Headmis tress of Sohanlal Deoralia Balika Vidyalaya in the district of Howrah, retired from service on superannuation with effect from 29th July, 2008. The school authority submitted the requisite pension papers of the petitioner to the concerned District Inspector of Schools (S.E.), Howrah. Upon receipt of those pension papers, the concerned District Inspector of Schools made some queries as indicated in his letter dated 11th November, 2009 being Annexure "P-2" to this writ petition at page 20. The school authority replied to the said letter of the concerned District Inspector of Schools on 2nd December, 2009. Since then the concerned District Inspector of Schools has not taken any further step for settling the retiral dues of the petitioner. 3. UNDER such circumstances, the petitioner has come before this Court with this writ petition seeking appropriate reliefs. 4. IN spite of service none appears on behalf of the State respondents at the time when this application is taken up for hearing. Considering the long delay in settling the retiral dues of the petitioner, this Court disposes of this writ petition by directing the concerned District Inspector of Schools (S.E.), Howrah to complete the entire exercise in this regard so that the retiral dues including the pensionary reliefs of the petitioner are paid to the petitioner positively by 30th June, 2011. 5. SINCE the retiral benefits of the petitioner has not been paid by the State respondents for such long period, this Court directs the respondents to pay interest at the rate of 10% per annum on such delayed payment of retiral dues of the petitioner from the date of her retirement up to the date of actual payment thereof. 6. 5. SINCE the retiral benefits of the petitioner has not been paid by the State respondents for such long period, this Court directs the respondents to pay interest at the rate of 10% per annum on such delayed payment of retiral dues of the petitioner from the date of her retirement up to the date of actual payment thereof. 6. IT is made clear that in the event such payment is not made to the petitioner within the period as aforesaid, the payment of salary of the concerned District Inspector of Schools will be withheld from the month of July, 2011 until such payment is made. The writ petition, thus, stands disposed of. 7. URGENT xerox certified copy of the order, if applied for be supplied to the learned Advocate for the petitioner as early as possible.