Sushil Kumar Dey vs The Burdwan Municipality & Ors.

The present writ petition has been filed, inter alia, praying for disbursal of pensionary benefits. The petitioner claims to have been appointed as Assistant Teacher at the MFP School (Primary) under Bardhaman Municipality and had been working in the said post till 1995. Subsequently by an office order, the petitioner was promoted to the post of Headmaster and was transferred to Khaja Anawar Berh MFP School and was directed to join the said post on or before 6^th February, 1995. In support of the aforesaid contention, not only an order issued by the member, chairman-in-Council, Bardhaman municipality but also the order dated 29^th June, 2012 issued by the Director of Local Bodies ex-officio, Additional Secretary, Municipal Affairs Department, Government of West Bengal has been disclosed. From the document dated 29^th June, 2012 it would transpire that the post-facto approval had been granted in respect of the appointment made by the Barhaman municipality. Since then on 27^th April, 2021, the petitioner was informed that on the basis of the date of birth recorded in the service book, the petitioner would reach the age of superannuation on 30^th January, 2022. The petitioner has since retired and would submit that notwithstanding the repeated representations being made by the petitioner addressed to the municipal authorities, the retiral benefits payable to the petitioner are yet to be disbursed.

Both the municipality as also the State is represented.

Mr. Majumder, learned advocate representing the State has placed before this Court a communication received from the law officer of the Director of local bodies and by placing the same before this Court would submit that the petitioner’s pension file/Service book has been received by the Director of Local Bodies, the same has been verified and has been forwarded back to the municipality for the same to be transmitted to the office of the Director of Pension, Provident Fund and Group Insurance (DPPG). Let the copy of the communication as placed before this Court be taken on record.

Having heard the learned advocates appearing for the respective parties and there being no dispute as regards the entitlement of the petitiner to receive pension and other retrial dues, I am of the view that the municipality and other State authorities should act in tandem to ensure speedy disbursal of pension and other retiral benefits in favour of the petitioner. Accordingly, I direct the municipal authorities to forward the petitioner’s pension papers along with the verified service records to the office of the DPPG, unless the same has already been forwarded, on an expeditious basis with a further direction on the office of the DPPG to process the same. It is expected that the entire process shall be completed within a period of 4 weeks from the date of communication of this order and necessary PPO shall be issued.

The State authorities and the municipality are directed to act in tandem to give effect to the above order.

It is made clear that this Court has not decided on the issue as to whether the municipal authorities can deduct any overdrawn amount from the petitioner after retirement. On the aforesaid score, I find that the said contention of the petitioner is premature, and there is no cause of action for the petitioner at this stage as the PPO is yet to be issued.

With the above observations and directions, the writ petition is disposed of.