Amiya Kumar Raj & Ors vs The State Of West Bengal & Ors
2022 Latest Caselaw 7379 Cal

07.11.2022             IN THE HIGH COURT AT CALCUTTA
   ML-34              CONSTITUTIONAL WRIT JURISDICTION
   (PP)                     APPELLATE SIDE
   Ct.21
                              WPA 22423 of 2022

                           Amiya Kumar Raj & Ors.
                                   Vs.
                        The State of West Bengal & Ors.

                   Mr. Sakti Pada Jana,
                   Mr. Subhajyoti Das
                                                  ....for the petitioners.


                   Affidavit of service filed in Court today is

             retained with the records.

                  The     petitioners'    grievances   that   the    Leave

             Encashment        Benefits   that   the   petitioners    were

             entitled to as employees of Agricultural Training

             Centre     (in   short   "ATC"),    Ramakrishna        Mission

             Ashrama, Narendrapur were rejected by a circular

             dated December 10, 2021 issued by the Government

             of West Bengal, Department of Agriculature, Training

             Branch (hereinafter referred to as the Impugned

             Circular).

                  Mr. Jana, learned counsel, appearing for the

             petitioners submits that the said issue of Leave

             Encashment Benefits have been dealt with by several

             coordinate Benches of this Hon'ble Court starting

             from the year 2014 in W. P. No. 2764 (W) of 2012

             when the ex-employees approached this Hon'ble

             Court under Article 226 of the Constitution of India

             and the Leave Encashment Benefits were disbursed to
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them. Despite being entitled to and the issue being

squarely settled, the ex-employees are not given the

leave encashment benefits unless they approach this

Hon'ble Court.       Detailed consideration of the issue

was made by a coordinate Bench of this Hon'ble

Court by a judgment and order dated March 14, 2019

passed in W. P. 19948 (W) of 2018 (Satinath Das &

Ors. vs. State of West Bengal & Ors.)

        After   considering   the     issue   at     length,     the

coordinate        Bench       quashed         the        Impugned

Order/Notification regarding rejection of the Leave

Encashment Benefits payable to the writ petitioners

therein     and    directed    the    Finance       Department,

Government of West Bengal to transmit to the

Department of Agriculture, Government of West

Bengal the funds necessary towards payment of the

leave     encashment       benefits    within       15    days    of

communication of the order. A circular issued by the

Government of West Bengal dated September 18,

2020 with regard to the payment eligibility of the

retired employees of the Agricultural Training Centre

is handed over in Court today. Such circular is

retained with the record. Benefits are extended to the

retired employees on and from January 1, 2020,

being the date of retirement. The writ petitioners

herein retired in 2017/2018.
                         3




     Despite service, no one appears on behalf of the

respondents.

After considering the submissions made on

behalf of the petitioners and the materials placed on

record, this Court directs the respondent nos.2 and 3

to transmit the necessary funds towards the leave

encashment benefits of the four writ petitioners

within 15 days from the communication of this order

to the respondent nos.4 and 5.

Upon receipt of such funds, the respondent no.5

shall expeditiously disburse the said benefits to the

writ petitioner, within 30 days from the date of receipt

of funds.

With the directions aforesaid, the writ petition,

being WPA 22423 of 2022, is allowed.

Needless to mention that the Impugned Order

dated December 10, 2021 is set aside and/or

quashed.

All parties shall act on the server copies of this

order duly downloaded from the official website of

this Hon'ble Court.

Urgent photostat certified copies of this order, if

applied for, be supplied to the parties upon

compliance of all necessary formalities.

(Lapita Banerji, J.)