Somdev Chatterjee vs The State Of West Bengal & Ors
2023 Latest Caselaw 4648 Cal

      02.08.23
181   Ct. No.25
      Sws.M
                                   WPA 16649 of 2023

                                  Somdev Chatterjee
                                          vs.
                            The State of West Bengal & Ors.


                          Mr. Subhajit Saha
                                                        ...for the petitioner

                          Mr. Bishnupada Jana
                                                             ...for the State

                          Ms. Deblina Chattaraj
                          Ms. Angana Dutta
                                         ...for the Respondent Nos. 3 & 4

Leave as prayed for to make the Finance

Department, State of West Bengal a party to the present

proceedings is granted. Leave is given to make necessary

amendment to the cause-title.

The petitioner has retired from service as the

Managing Director of Shalimar Works (1980) Limited on

March 31, 2023. Despite several representations, the

retiral dues of the petitioner have not been released till

date.

Mr. Saha, learned counsel appearing on behalf

of the petitioner submits that no response has been

made by the Respondent No. 3 or the Government of

West Bengal to the representation dated June 22, 2023.

Ms. Chattaraj, learned counsel appearing on

behalf of the Respondent No. 3 submits that the file has

been processed by the employer and the same is lying

with the Finance Department, Government of West

Bengal.

Today the State is represented. However, the

State is unable to shed any light as to why despite the

file being lying with them since prior to November 2022,

no steps have been taken by them for processing the

retiral dues of the petitioner. It has been reiterated in

various judgments of the Apex Court that pension is not

a bounty to be disbursed by the employers/authorities.

Pensionary benefits are entitlement of the petitioner.

In such view of the matter, the Chief

Secretary/Joint Secretary of the Finance Department,

Government of West Bengal is directed to file a Report-

on-Affidavit explaining why despite the fact that the file

of the petitioner is lying with them since November

2022, the pensionary benefits of the petitioner have not

been directed to be released by the employer/the

Shalimar Works.

Let such Report-on-Affidavit be filed by August

25, 2023. Exception, if any by September 1, 2023.

Let the matter appear for further consideration

under the same heading 'Motion' on September 4,

2023.

All parties are to act on a server copy of this

order downloaded from the official website of this

Hon'ble Court.

(Lapita Banerji, J)