Calcutta High Court (Appellete Side)
Nandagopal Chaudhuri vs State Of West Bengal & Ors on 15 November, 2022
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
Present :-
Hon'ble Justice Partha Sarathi Sen
W.P.A No. 17339 (W) of 2021
Nandagopal Chaudhuri
-Versus-
State of West Bengal & Ors.
For the Petitioner : Mr. Lakshmi Kanta Pal, Adv.
For the Respondent : Mr. Moloy Kumar De, Adv.
: Mr. Sajal Kumar Pandit, Adv.
Heard on: : 11.11.2022
Judgment on. : 15.11.2022
PARTHA SARATHI SEN, J. : -
1. By filing the instant application under Article 226 of the Constitution of
India, the writ petitioner alleges that though he discharged his services as an
assistant teacher in Yogoda Satsanga Pal Para Balika Vidyalaya (HS) P.O
Palpara, District Purba Medinipore, Pin:721458 but the respondent authorities
have committed the following wrongs to him namely:-
i.his pay scale has been fixed to the tune of Rs.360/- instead
of Rs.470/- with initial pay at Rs.1230/- with effect from
01.04.1981;
ii.he has been denied with at least four stagnation
increments;
iii.though he is entitled to gratuity to the tune of
Rs.2,50,000/- but he has been wrongly given gratuity to the
tune of Rs. 1,87,292/-.
2. In support of his contention learned advocate for the writ petitioner draws
attention of this Court to page 59 i.e. Annexure P8 of the writ petition, page 17
and page 19 of the affidavit-in-reply as filed in this case. It is argued that the
calculation as made by the respondent authorities are wrong and thus, learned
advocate for the writ petitioner requests this Court to pass an appropriate
order so that the writ petitioner may get his remedies in respect of the above
mentioned three grievances.
3. On perusal of the affidavit-in-opposition as filed on behalf of the
State/respondent and after hearing the learned advocate for the
respondent/State it appears to this Court that it is the case of the
respondent/State that the last pay of the writ petitioner has been fixed at Rs.
8,225/- and thereafter on detailed calculation as made by respondent
no.3/authority, pension payment order was issued to the extent of Rs.4,113/-
per month in favour of the petitioner considering the entire period of his
service with effect from 01.08.1962.
4. On perusal of the entire materials as placed before this Court and after
hearing the learned advocates of both sides, it reveals that the dispute between
the parties is based on accounts related arithmetical calculation. Before this
Court no material has been placed to ascertain the correctness of the said
calculation and being a writ court, it is practically impossible for this Court to
check such arithmetical calculation. In view of such, this Court directs the
respondent no.3/authority i.e. Director of Pension, Provident Fund & Group
Insurance, Government of West Bengal, Purta Bhavan, Salt Lake, Kolkata
700091 to revisit the grievances of the writ petitioner afresh positively within a
month from the date of communication of this order and shall pass a reasoned
order item wise.
5. Director of Pension, Provident Fund & Group Insurance, Government of
West Bengal, Purta Bhavan, Salt Lake, Kolkata 700091, is further directed to
ensure that the present writ petitioner must get proper opportunity to address
his grievance before him either personally or by his authorized agent.
6. Liberty is given to the writ petitioner to submit appropriate documents
before the Director of Pension, Provident Fund & Group Insurance,
Government of West Bengal, for proper appreciation of his demand by the
respondent no.3 herein.
7. With the aforementioned observation the instant writ petition is disposed
of.
8. All connected applications, if any, stands disposed.
9. Let a copy of this judgement be sent to respondent no.3/ Director of
Pension, Provident Fund & Group Insurance, Government of West Bengal,
Purta Bhavan, Salt Lake, Kolkata 700091down at once.
10. Urgent Photostat certified copy of this judgement, if applied for, be given
to the parties on completion of usual formalities.
(Partha Sarathi Sen, J.)
