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Judgment
Amrita Sinha, J
The petitioner is a retired employee of the Commercial Institute run by Ramkrishna Mission Ashram, Narendrapur. He retired on 30th April, 2012 on
attaining his normal age of superannuation.
The grievance of the petitioner is that after his retirement, he has not been paid his statutory dues. The petitioner made several representations before
the respondent authorities but none of them has been answered.
The petitioner submits that there was confusion with regard to the authority who was supposed to disburse the retiral dues in favour of the employees
of the commercial institute.
The Director of Public Instruction, West Bengal vide a reasoned order passed on 5th July, 2019 in connection with a different matter (W.P. No. 3572
(W) of 2019, in the matter of Bimal Kumar Das & Ors. â€"vs- The State of West Bengal & Ors.) came to a specific conclusion that the name of
Ramkrishna Mission Ashram (Commercial Institute), Narendrapur is included in the list of voluntary institution in the government order and hence the
non-teaching staff of Ramkrishna Mission Ashram (Commercial Institute), Narendrapur are entitled to retirement benefits at the rates described in the
West Bengal Recognized Non-Government Educational Institution Employees’ (Death-cum-Retirement Benefit) Scheme, 1981.
The Director of Public Instruction was of the opinion that the Pension Sanctioning Authority of the Ramkrishna Mission Ashram, being a voluntary
organization, will be the District Social Education Officer who has presently been re-designated as the District Mass Education Officer. The
employees of the Institute have been requested to approach the appropriate authority for grant of their retiral benefits as per the extant Government
norms.
The petitioner submits that as the Director of Public Instruction has come to a conclusive opinion that the employees of the Ramkrishna Mission
Ashram (Commercial Institute) are entitled to receive their retirement benefits in terms of the aforesaid Scheme and the District Mass Education
Officer is the Pension Sanctioning Authority, accordingly, necessary direction may be passed upon the respondent No. 4 being the Secretary,
Ramkrishna Mission Ashram to forward the necessary papers to the Pension Sanctioning Authority.
The learned advocate appearing for the State respondents submits that in the absence of the documents being forwarded to the concerned authority
the said authority will not be in a position to take a decision in the matter.
None appears on behalf of the respondent No. 4 in spite of service.
In view of the above, the instant writ petition is disposed of by directing the respondent no. 4 being the Secretary, Ramkrishna Mission Ashram to
forward the documents of the petitioner to the District Mass Education Officer for grant of retiral dues within a period of four weeks from the date of
communication of a copy of this order.
The District Mass Education Officer shall take a decision with regard to payment of the retiral dues to the petitioner on the basis of the documents
forwarded by the respondent No.4.
The District Mass Education Officer shall consider the matter strictly in accordance with the West Bengal Recognized Non-Government Educational
Institution Employees’ (Death-cum-Retirement Benefit) Scheme, 1981 within a period of six weeks from the date of receipt of the documents
from the respondent No. 4.
The District Mass Education Officer shall pass a reasoned order and communicate the same to the petitioner within a fortnight thereafter.
W.P. 30285 (W) of 2017 is disposed of.
Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.