KALIDAS MONDAL Vs. BOARD OF SECONDARY EDUCATION WEST BENGAL
LAWS(CAL)-1961-9-17
HIGH COURT OF CALCUTTA
Decided on September 11,1961

KALIDAS MONDAL Appellant
VERSUS
BOARD OF SECONDARY EDUCATION WEST BENGAL Respondents

JUDGEMENT

- (1.) CIVIL Rules No. 2755 of 1957 arises out of an objection to attachment of a certain sum of money, said to form part of the Provident Fund money belonging to G. W. Browne, Opposite Party No. 2. It is admitted that Browne was a subscriber to the State Railway Provident Fund and elected to be governed by the Provident Fund Sterling Accounts Rules. Payment of his Provident Fund money, on his retirement, was required under the Rules to be made in Sterling.
(2.) ON August 26, 1947, the said G. W. Browne wrote the following letter to the Financial Adviser and Chief Accounts Officer, East Indian Railway:- "dear Sir. I request that my Provident Fund or/and Special Contribution Gratuity moneys may be remitted to me by Bank Draft on District Bank to the following address-Water St. Liverpool. I clearly understand that the remittance is made at my sole risk and that the East Indian Railway accepts no further responsibility for the money sand I agree to the receipt granted by the Postal/bank Authorities being treated as a valid discharge for the payment. I hereby declare that I intend to reside after retirement in a country where Rupee is not legal tender. "
(3.) ON July 27, 1955, the Deputy General Manager, Eastern Railway, (formerly East Indian Railway) wrote to the Chief Accounts Officer of the said Railway communicating the sanction of the General Manager (who was the competent authority in the matter) for payment of the Special Contribution to Provident Fund and the balance of the 10 p. c. of the Provident Fund dues of the said G. W. Browne in Sterling, in terms of Rule 1410 (1) of the Railway Establishment Code.;


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