Tilak Ranjan Bera vs The State Of West Bengal & Ors
2021 Latest Caselaw 6594 Cal

 23. 12. 2021
       BP
     Sl. 47                       WPA 22398 of 2018
Court No. 17


                                (Via Video Conference)


                                Tilak Ranjan Bera
                                      Vs.
                            The State of West Bengal & Ors.


                      Mr. Indranil Chakraborty
                      Mr. Apurba Ghosh
                                  ..for the petitioner.


                      Mr. Biswabrata Basu Malick
                      Mr. Sanjib Das
                                       ..for the State.

                      The matter relates to payment of interest on

                delayed payment of provident fund. The petitioner says

                that his provident fund was paid in two installments

                after filing the case. The first was after one and half

                years from the date of his retirement and the second

                was after two and half years. In respect of this delayed

                payment, interest for six months was paid by the

                authority. The petitioner submits that the interest was

                also paid after more than three years after payment of

                the provident fund.

                      The petitioner has relied upon one Supreme

                Court decision as to payment of interest in the case of

                State of Kerala & Ors. vs. M. Padmanabhan Nair
                      2




reported in AIR 1985 SC 356.

      I have also heard the learned advocate for the

State who has drawn my attention to page 17 of the

writ application, the letter dated 13.06.2017 written by

the petitioner (though unsigned ). The petitioner has

taken responsibility of writing of this letter as he has

used an affidavit and the respondent has submitted

that it will be beneficial for all if the concerned District

Inspector of Schools is directed to call for a meeting

where the petitioner and also the Teacher-in-Charge of

the school or the Headmaster, as the case may be, will

remain present where the matter will be decided as to

payment of further interest to the petitioner.

Considering the submissions of the learned

advocates for the parties, I direct the concerned District

Inspector of Schools to call for a meeting by inviting the

petitioner and the Teacher-in-Charge/Headmaster of

the school by ninety days from the date of receipt of the

copy of this order and the concerned District Inspector

of Schools also will have the authority to hold the

meetings for more than one day for taking a decision

and the decision is to be taken by four weeks after

conclusion of the meeting and it will be communicated

to the petitioner by two weeks thereafter. It is made

clear that this order will not prevent the District

Inspector of Schools and the school authority to take

steps for payment of interest to the petitioner if he is

entitled to it.

The petitioner shall have the liberty to place the

facts mentioned in the writ application as well as the

supplementary affidavit along with the judgment

delivered by the Supreme Court as referred hereinabove

in the said meeting or meetings.

With the above observation, this writ application

is disposed of.

(Abhijit Gangopadhyay, J. )