ATUL CHANDRA MAHATA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned Advocates appeaing for the parties.

(2.) In the instant case, it is the grievance of the petitioner that gratuity and commuted value of the pension though already sanctioned by the pension payment order, as yet has not been released. The petitioner has retired long back on 1st March, 2001. The Treasury Officer concerned was directed to file an affidavit as to why the amount as sanctioned was not released. An affidavit by the said Treasury Officer has been filed taking a point that in view of the Circular letter issued by the Joint Secretary Finance Department, Government of West Bengal dated 25th June, 2002 and 11th August, 2003 gratuity and commuted value of pension were not released. The said circular letters since have been applied as Shield by the respondent to deny the petitioner's gratuity and commuted value of pension which is neither bounty nor charity now is required to be dealt with though the petitioner has not challenged the same. The circular letter dated 25th June, 2002 of Finance Department reads thus :

(3.) The Circular dated 11th August, 2003, issued by the Joint Secretary to the Finance Department, Government of West Bengal reads thus :-