Disposed

Jharna Dey v. State of West Bengal and Ors.

Calcutta HC10 Feb 2021WPA/3620/2021

Case brief

AI extract

What is this about?

The High Court allowed the writ petition invoking Article 226 of the Constitution. The court directed the Treasury Officer to provide the last basic pay of the deceased employee to facilitate the processing and disbursal of pension and arrear pension to the petitioner within two months, without requiring the missing Pension Payment Order.

What did the court decide?

The Treasury Officer, Birbhum-I directed to provide the last basic pay of the deceased employee within three weeks to enable pension disbursal.

Jharna Dey Vs State of West Bengal and Ors. — Pension and Retirement Benefits | Calcutta HC (2021)

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10.02.2021 ss

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W.P.A. 3620 of 2021

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( Through Video Conference )

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Jharna Dey

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Vs.

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The State of West Bengal & ors.

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Mr. Dipan Sarkar Mr. Dinabandhu Dan Mr. Dipankar Ghosh Mr. Dipayan Dan

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… for the petitioner

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Mr. Supriyo Chattopadhyay Mr. Arindam Chattopadhyay

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… For the State

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Mr. Kunar Ganguly

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… for the respondent no.6

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This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by an order dated March 13, 2020, which is assailed before this Court. The order specifically requires the petitioner who is the unmarried daughter of the deceased employee to produce the Pension Payment Order.

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Counsel for the petitioner submits that all the documents have been submitted by the petitioner except the Pension Payment Order that is not available with the petitioner. Several rules and regulations have been placed by the petitioner to indicate that pension payment

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may be made even if the Pension Payment Order is not available.

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Mr. Chattopadhyay, learned Counsel appearing on behalf of the State has also placed certain regulations and has clearly submitted that the Treasury Officer being the respondent no.5 herein may be directed to provide the pension payment made on the basis of last basic pay of the deceased employee.

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In light of the above submission, the respondent no.5 being the Treasury Officer, Birbhum-I is directed to provide the last basic pay of the deceased employee to the District Inspector of Schools (S.E.), Birbhum within a period of three weeks from date.

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Needless to mention, upon receipt of the said documents the concerned District Inspector of Schools (S.E.) shall process the same and send the same to the Director of Pension, Provident Fund and Group Insurance.

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The Director of Pension, Provident Fund and Group Insurance shall thereafter process the documents and send the same to the concerned Treasury Officer for disbursal of the pension and arrear pension, if any.

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The Treasury Officer, Birbhum-I, being the respondent no.5 shall thereafter make payment the pension and arrear pension, if any, to the petitioner.

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The entire process should be completed within a period of two months from date.

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With the above directions, this writ petition is disposed of.

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Since no affidavit-in-opposition is called for, allegations made in the writ petition are deemed not to have been admitted.

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All parties are to act on website copy of this order.

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(Shekhar B. Saraf, J.)

Jharna Dey v. State of West Bengal and Ors.

Case brief

What is this about?

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Jharna Dey v. State of West Bengal and Ors.

Case brief

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