Research › Search › Judgment

Calcutta High Court · body

2016 DIGILAW 797 (CAL)

Mohammed Ismail v. State of West Bengal

2016-10-04

SAHIDULLAH MUNSHI

body2016
JUDGMENT : 1. The writ petitioner was an Assistant Teacher in Milangarh Senior Madrasah, P.O. Milangarh, District Malda. He was appointed as an Assistant Teacher on 22nd July, 1989 and superannuated on and from 31st May, 2016. Before his superannuation the school authority made a communication to the District Inspector of Schools (S.E.), Malda for taking steps for sanction of pension in favour of the petitioner. The said letter has been annexed to this writ petition as Annexure P-5. With the said letter the school authority forwarded all the required documents but it has been alleged by the petitioner that no step has been taken for grant of either pension or for retiral benefits. The petitioner has handed up a copy of the Memo, being No. 641/L/1(1)/DPPG/L-328/2016 dated 16th September, 2016 issued by the Law Officer, Pension, Provident Fund and Group Insurance, Government of West Bengal which reveals that the petitioner superannuated from his service on 31st May, 2016 and on the date of his retirement his basic pay was Rs.25,720/- as per ROPA 2009. It further reveals from the said Memo. that no retiral benefit has been made available to the petitioner and that his pension has not been released till date. A xerox copy of the said Memo. is taken on record. By the said Memo. the District Inspector of Schools (S.E.), Malda has been requested to take necessary steps for release of the petitioner’s pension and other retiral benefits in accordance with the existing government orders/rules. The petitioner in support of his claim has also relied on a Circular dated 26th May, 1998 being Annexure P-6 to this writ petition. Since the petitioner has been superannuated on 31st May, 2016 and no steps have been taken by the Pension Sanctioning Authority, this Court directs the District Inspector of Schools (S.E.), Malda to take a decision with regard to the grant of pension and other retiral benefits in favour of the petitioner within a period of eight weeks from the date of communication of this order and while doing so he will also take into consideration of the aforesaid Memo. dated 16th September, 2016 contained in Memo. No. 641/L/1(1)/DPPG/L-328/2016. He will also grant an opportunity of hearing to the petitioner or his authorized representative. dated 16th September, 2016 contained in Memo. No. 641/L/1(1)/DPPG/L-328/2016. He will also grant an opportunity of hearing to the petitioner or his authorized representative. The District Inspector of School (S.E.), Malda shall consider the claim of the petitioner taking into consideration of the existing rules prevailing on the subject. The District Inspector of Schools shall also take a decision on the petitioner’s prayer as per Annexure P-4 whether he is entitled to any arrear incremental benefits and if the District Inspector of Schools is of the opinion that the petitioner is entitled to such benefits he will take necessary steps for release of the same and if he finds that the petitioner is not entitled to the said benefits he will give proper reasons therefor. 2. Since no affidavit has been called for, the allegations made in the writ petition will be deemed not to have been admitted. 3. With the above directions, the writ petition is disposed of.