Shri Babulal Nath vs The State Of West Bengal & Ors
2022 Latest Caselaw 6147 Cal

30.08.2022            IN THE HIGH COURT AT CALCUTTA
 DL-14               CONSTITUTIONAL WRIT JURISDICTION
   (PP)                    APPELLATE SIDE

                            WPA 17553 of 2022

                          Shri Babulal Nath
                                  Vs.
                     The State of West Bengal & Ors.


                  Ms. Somoshree Saha
                                               ....for the petitioner.

                  Mr. Tapan Kumar Mukherjee,
                  Ms. Debdooti Dutta
                                                    ....for the State.

                  Mr. Raghunath Chakraborty,
                  Mr. Md. Apzal Ansari,
                  Ms. Amrita De
                               ....for the respondent nos.2, 3 & 4.

Mr. Anil Kumar Gupta ....for the respondent no.5.

Affidavit of service filed in Court today is taken

on record.

The petitioner was engaged as a casual labourer

under the West Bengal backward Classes

(Development & Finance) Corporation as Group - 'D'

staff and was subsequently absorbed thereat. The

petitioner says that he has been given the benefit

under Revision of Pay and Allowances, 2009 ( in

short, ROPA) and has retired with effect from 31st

January, 2022. The petitioner on his retirement has

also been paid the gratuity and leave salary but no

other benefit. The petitioner is seeking inter alia for

payment of provident fund, pension, group insurance

and other retiral benefits with effect from 1st April,

1999 till 23rd July, 2008.

The application has been opposed by the

respondent nos. 2, 3 and 4 that the writ petition is

not maintainable as there is no scheme for providing

pension and provident fund and the issues involved

therein have been settled by a judgment and order

dated 18th November, 2021 passed in WPA 27225 of

2013.

Learned advocate for the petitioner seeks an

adjournment to consider the judgment referred to by

the learned advocate for the respondent nos.2, 3 & 4.

Let this matter appear on 9th September, 2022.

(Arindam Mukherjee, J.)