SAILENKUMAR SINHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Judgment of the Court was as follows : The petitioner retired from Krishnagar High School on October 31,2005. At that date he was working as an assistant teacher. He is yet to get his pensionary benefits and provident fund moneys. His allegation is that he is unable to get the pensionary benefits as the school authccrity declined to give no liability certificate wanted by the treasury officer. His further allegation is that without any valid reason the school authority withheld the provident fund moneys. Counsel for the school authority submits that his client is ready and willing to issue the no liability certificate and to pay the provident fund moneys, if the petitioner attends the schools for giving accounts for the period during which he acted as teacher-in-charge. He says that some accounts were not given by the petitioner, though he was liable to give the accounts to the school authority.

(2.) In my view, the school authority has acted most improperly. If the petitioner had not submitted the accounts at the time they were to be submitted by him, the school authority was at liberty to initiate appropriate proceedings against him. It permitted him to retire from service. After his retirement, in my view, the school authority is not empowered or entitled to withhold the provident fund moneys payable to him. The school authority is not empowered or entitled to withhold the no liability certificate as well. If that authority is empowered and entitled in law to proceed against the petitioner with respect to submission of accounts by him, nothing prevents that authority from initiating appropriate proceedings in accordance with law. But it cannot withhold the payment and the certificate.

(3.) For these reasons, I dispose of the writ petition ordering that within a week from the date of communication of this order the school authority shall release the provident fund moneys with interest calculated upto the date of payment. If no interest is fixed by any statutory provision, then interest at the rate of ten per cent per annum shall be paid for the period during which the amount remained unpaid. The no liability certificate shall also be issued within the same period. There shall be no order for costs in the case.