Norton Emmanuel vs State Of West Bengal And Others

Moushumi Bhattacharya, J

The petitioner filed the writ petition in the year 2019 seeking a direction on the private respondents for release of his retirement benefits. The same has not been heard till date and as such, the petitioner constraint to file the applications for urgent relief.

Mr. Sudip Deb, learned counsel appearing for the applicant, submits that the writ petitioner retired in June 2018 as Principal of Dankuni Methodist School and places a letter dated 31st December, 2018 from the concerned school to the petitioner which contains an admission that the petitioner's terminal benefits have been computed and that gratuity and all other dues will be released to the petitioner after the petitioner hands over vacant possession of the quarters, which he has been occupying from the time when he was in service.

Counsel submits that the petitioner has been unable to hand over the vacant possession of the quarter and therefore his gratuity has not been released by the concerned school. Counsel further submits that the petitioner is financially in difficult circumstances and will not be in a position to arrange any alternative accommodation until and unless some money is released by the concerned respondent.

It is also submitted that the petitioner is in urgent need of funds for health reasons and the petitioner's wife is in undergoing treatment for terminal disease, which requires expensive medication. The petitioner has also to be frequently admitted in Appollo Hospital on health grounds.

Although it has been submitted by counsel and his advocate on record that the respondents have served, there is no statement of such service, which has been forwarded to the court.

Having regard to the submissions and the fact that the writ petition filed in the year 2019 and has not been heard till date and further that the petitioner is in difficult circumstances, both financially as well as for medical reasons, the respondent nos. 4, 7 and 8 are directed to calculate the total amount of gratuity, which is due and payable to the petitioner and disburse 50% of the said amount to the petitioner within four weeks from date. The petitioner is directed to give a written undertaking to the concerned respondents upon receiving such amount that the petitioner will vacate the quarter, which he is presently in possession as soon as the present lockdown in the city of Kolkata ends or by the end of June, 2020 whichever is earlier.

Although the respondents are not represented, this court deems it necessary to pass the order in view of the conditions of the petitioner and his wife and it is made clear that the balance 50% of the gratuity dues of the petitioner will be handed over only after the petitioner gives vacant possession of the quarter to the concerned respondents.

Both the applications are disposed of in terms of the above.

Liberty to mention for hearing the main writ petition.