Tapan Kumar Dutta Vs. the State of West Bengal and ors - Court Judgment

SooperKanoon Citationsooperkanoon.com/1059442
CourtKolkata High Court
Decided OnMay-16-2012
JudgeASHOKE KUMAR DASADHIKARI
AppellantTapan Kumar Dutta
RespondentThe State of West Bengal and ors
Excerpt:
order sheet wp no.1616 of 2010 in the high court at calcutta original side tapan kumar dutta versus the state of west bengal & ors before: the hon'ble justice ashoke kumar dasadhikari date :16. h may , 2012. appearance: mr.debabrata saha roy, adv.mr.pingal bhattacharjee, adv.mr.b.bhattacharjee,adv.mr.tapash hazra, adv.the court: the writ petitioner has come up before this court alleging that the order passed by the district judge, purba medinipur, dated july 7, 2009 is not being implemented by the respondent no.6, being the principal accountant general. mr.saha roy in support of the writ petitioner submits that although the writ petitioner was appointed on january 24, 1975 but his initial date of appointment was not considered for determining his retiral dues. mr.saha roy further submitted that his client moved the writ petition, being wp no.16425(w) of 2006, and the said writ petition was dismissed by and under a judgement and order dated april 16, 2008. the writ petitioner moved a review application which was disposed of by and under an order dated may 6, 2009. in that order, the learned single judge of this court modified the order to the effect that though the prayer for quashing of the order dated may 26, 2006 stands dismissed, concerned from applicant/writ nothing considering petitioner as will the prevent service piece-rated the of authority the present typist for period from january 24, 1975 to september 20, 1976. basis of concerned the review district order judge passed heard the by this matter on the court, of the the the writ petitioner and have come to a conclusion that the date of initial appointment of the writ petitioner i.e.january 24, 1975 should be taken into consideration for calculation of retiral dues as well as other benefits which he is entitled to get. mr.saha roy further submitted that even in spite of such decision arrived at by the concerned district judge on july 7, 2009, the concerned respondent no.6 is not releasing the retiral dues of the writ petitioner taking the writ petitioner’s january 24, 1975. date of appointment on and from mr.saha roy produced a circular bearing no.10244-j dated june 25, 1993 as well as a copy of finance department memo dated november 4, 1978 wherefrom it appears that in all cases the government have given benefit to the employees taking appointment. into account the date of initial mr.saha roy further submitted that on the basis of the circular of the government the writ petitioner is entitled to get all retiral benefits as per the order of the district judge. learned counsel appearing for the accountant general submits that the benefits were given to him in view of the order of the district judge. therefore, nothing remains to be decided in this application. i have heard the submissions counsel appearing for the parties. made by the learned it appears to me that the concerned accountant general should give effect to the order dated july 7, 2009 passed by the district judge, purba mednipur and to account the date 1975. the concerned release the unpaid mention, the of release initial accountant to dues appointment accountant dues unpaid the taking into as january 24, is directed to petitioner. needless to general general’s office will get the calculation from the office of the treasury. the order passed by the office of the principal accountant general (a & e).west bengal, 2, govt. place (west).treasury buildings, kolkata-700 001, being order not pension vi/g.p.o.no.1,32771 dated 8.6.2010 for refund of rs.71,234 is set aside and/or quashed. the writ petition is, thus, disposed of. urgent certified copy of this order be supplied to the parties, if applied for, upon compliance of all requisite formalities. ( ashoke kumar dasadhikari, j ) cs, ar(cr)
Judgment:

ORDER

SHEET WP No.1616 of 2010 IN THE HIGH COURT AT CALCUTTA ORIGINAL SIDE Tapan Kumar Dutta Versus The State of West Bengal & Ors BEFORE: The Hon'ble JUSTICE ASHOKE KUMAR DASADHIKARI Date :

16. h May , 2012.

Appearance: Mr.Debabrata Saha Roy, Adv.Mr.Pingal Bhattacharjee, Adv.Mr.B.Bhattacharjee,Adv.Mr.Tapash Hazra, Adv.The Court: The writ petitioner has come up before this Court alleging that the order passed by the District Judge, Purba Medinipur, dated July 7, 2009 is not being implemented by the respondent No.6, being the Principal Accountant General.

Mr.Saha Roy in support of the writ petitioner submits that although the writ petitioner was appointed on January 24, 1975 but his initial date of appointment was not considered for determining his retiral dues.

Mr.Saha Roy further submitted that his client moved the writ petition, being WP No.16425(W) of 2006, and the said writ petition was dismissed by and under a judgement and order dated April 16, 2008.

The writ petitioner moved a review application which was disposed of by and under an order dated May 6, 2009.

In that order, the learned Single Judge of this Court modified the order to the effect that though the prayer for quashing of the order dated May 26, 2006 stands dismissed, concerned from applicant/writ nothing considering petitioner as will the prevent service piece-rated the of authority the present Typist for period from January 24, 1975 to September 20, 1976.

basis of concerned the review District order Judge passed heard the by this matter On the Court, of the the the writ petitioner and have come to a conclusion that the date of initial appointment of the writ petitioner i.e.January 24, 1975 should be taken into consideration for calculation of retiral dues as well as other benefits which he is entitled to get.

Mr.Saha Roy further submitted that even in spite of such decision arrived at by the concerned District Judge on July 7, 2009, the concerned respondent No.6 is not releasing the retiral dues of the writ petitioner taking the writ petitioner’s January 24, 1975.

date of appointment on and from Mr.Saha Roy produced a circular bearing No.10244-J dated June 25, 1993 as well as a copy of Finance Department Memo dated November 4, 1978 wherefrom it appears that in all cases the Government have given benefit to the employees taking appointment.

into account the date of initial Mr.Saha Roy further submitted that on the basis of the Circular of the Government the writ petitioner is entitled to get all retiral benefits as per the order of the District Judge.

Learned Counsel appearing for the Accountant General submits that the benefits were given to him in view of the order of the District Judge.

Therefore, nothing remains to be decided in this application.

I have heard the submissions Counsel appearing for the parties.

made by the learned It appears to me that the concerned Accountant General should give effect to the order dated July 7, 2009 passed by the District Judge, Purba Mednipur and to account the date 1975.

The concerned release the unpaid mention, the of release initial Accountant to dues appointment Accountant dues unpaid the taking into as January 24, is directed to petitioner.

Needless to General General’s Office will get the calculation from the Office of the Treasury.

The order passed by the Office of the Principal Accountant General (A & E).West Bengal, 2, Govt.

Place (West).Treasury Buildings, Kolkata-700 001, being Order not Pension VI/G.P.O.No.1,32771 dated 8.6.2010 for refund of Rs.71,234 is set aside and/or quashed.

The writ petition is, thus, disposed of.

Urgent certified copy of this order be supplied to the parties, if applied for, upon compliance of all requisite formalities.

( ASHOKE KUMAR DASADHIKARI, J ) CS, AR(CR)