TARUN BANDOPADHYAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner's grievance in this Writ Petition being W.P.A. No. 3039 of 2017 arises out of the failure on the part of the respondent No.3/the Principal of Berhampore College to process the documents necessary for payment of retiral benefits of the writ petitioner. The failure on the part of the Principal to send the entire documents along with the service book to the respondent No.4/the Director of Pension, Provident Fund and Group Insurance for release of pensionary benefits.

(2.) The facts in the Writ Petition are as follows:

(3.) When the Writ Petition came up for hearing, it was noted by the Hon'ble Coordinate Bench that despite Affidavit of Service no one represented the respondent No.3 nor the College in issue on several dates. The State respondent was represented and filed written instructions on behalf of the State Authority pursuant to as earlier Order of the Court dated February 22, 2017. From the said written instructions, it would be evident that the petitioner retired on January 31, 2016. The petitioner sent a letter to the respondent No.2 on January 9, 2017 requesting release of his pensionary benefits. Upon receipt of the letter, the Respondent No.2 immediately sent a letter dated February 2, 2017 vide Memo No.136/C/Pen to the respondent No.3/Principal requesting him to furnish the pension papers of the petitioner at an early date. Respondent No.3 was also required to provide valid reasons as to why the pension papers were not submitted 8 months prior to the petitioner's retirement in terms of D.P.I.'s Circular No.1050-C-Pen dated July 22, 2016 and also why he would not be held responsible to pay interest on the delayed payment of gratuity etc.