Suprakas Saha vs State Of West Bengal & Ors.

This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by an order dated June 27, 2014 issued

by the District Inspector of Schools (S.E.), Kolkata (hereinafter referred to as the ‘D. I. of Schools’).

The case of the petitioner is that the D. I. of Schools has failed to look into the relevant law applicable on the interest that is payable on account of

Public Provident Fund. The impugned order records that the Headmaster has made two payments of provident fund to the petitioner. Thereafter the

order records that the Headmaster of the concerned school is the custodian as well as the authority to maintain the provident fund deposits of the

teaching and non-teaching staff of the school. It further records that the D. I. of Schools is not the competent authority to maintain the record in this

regard.

In view of the same the D. I. of Schools has simpliciter stated that the prayer of the petitioner does not contemplate a correct proposition of law.

It is surprising to see that the D. I. of Schools has completely omitted dealing with the interest payable to the petitioner and has not examined

properly as to what should be the interest payable to the writ petitioner.

Mr. Chatterjee, learned counsel appearing on behalf of the petitioner submits that in the year 1984 the West Bengal Non-Government Educational

Institutions and Local Authorities (Control of Provident Fund of Employee) Act, 1983 (hereinafter referred to as the ‘said Act’) was passed

that contains Section 3 that makes it incumbent on all Non-Government Educational Institutions to deposit the provident fund with the Treasury only.

He further refers to the West Bengal Non-Government Educational Institutions and Local Authorities (Control of Provident Fund of Employees)

Rules, 1984 (hereinafter referred to as the ‘said Rules’) framed under the said Act that makes it mandatory for all deposits under the provident

fund to be deposited with the Treasury.

He refers to the said Rules and submits that on the appointed day all the deposits of provident fund are to be transferred to the Government Treasury.

He thereafter refers to a Notification dated May 23, 1984 bearing no. 6066-F of the Finance Department, Government of West Bengal that

specifically states that the date as per Subsection 3 of Section 1 of the said Act shall be June 1, 1984. According to him the rate of interest payable

should as per treasury rate and not any other rate.

In spite of giving directions for affidavits, State respondents have chosen not to file any affidavit-in-opposition. Learned counsel for the States fairly

submits that D. I. of Schools has not specifically dealt with the rate of interest.

In view of the above, I set aside the order dated June 27, 2014 and direct the D. I. of Schools (S.E.), Kolkata to grant an opportunity of hearing to

the writ petitioner and pass a reasoned order within a period of four weeks from the date of communication of this order. The reasoned order shall be

communicated to the writ petitioner within a period of two weeks of passing the same. The D. I. of Schools is directed to hear this matter keeping in

mind the above Act and Rules stated above and come to a finding as to whether the writ petitioner is liable to be paid interest at the treasury rates. In

the event he finds that the payments are to be paid as per the treasury rates, he should examine whether the petitioner has actually been paid so or

not. In the event the payments have not been made in accordance with law, he shall disburse the said amount within a period of two weeks from the

date of passing the reasoned order.

With the above directions, W.P. 26181(W) of 2014 is disposed of without any order as to costs.