DEBASISH KAR GUPTA,J. - (1.) This writ application is filed by the petitioner for releasing the remaining portion of his terminal benefits arising out of his service under the respondent No. 2. The petitioner retired from the service as an Assistant Administrative Officer on attaining the age of retirement on superannuation on and from January 1, 2001.
(2.) It is submitted by the learned counsel appearing on behalf of the petitioner that the remaining portion of terminal benefits has not been released in favour of the petitioner on the ground of paucity of fund of the respondent No. 2. It is submitted by him that the issue of non-releasing of the terminal benefits or its portion thereof on the ground of paucity of fund has already been decided by a judgment dated December 6, 2004 in the matter of Amal Kumar Biswas v. Deputy Chairman, Calcutta Dock Labour Board and Ors. (In Re : W.P.No. 18713(W) of 2004) . According to him, an appeal preferred in the above matter bearing MAT No. 78 of 2005 was dismissed by a Division Bench of this Court by an order dated January 11, 2007. It is also submitted by him that a Special Leave Application filed by the respondent authorities against the above judgment bearing SLP(Civil) No. 8026 of 2007 (In Re : Deputy Chairman, Calcutta Dock Labour Board and Ors. v. Amal Kumar Biswas) was also dismissed by the Hon'ble Supreme Court of India.
(3.) On the other hand, it is submitted by the learned counsel on behalf of the respondents that due to paucity of fund the authority is not in a position to release the remaining portion of the terminal benefits to the petitioner. No dispute is raised by the learned counsel with regard to the submissions made on behalf of the petitioner regarding the legal proceedings mentioned hereinabove.;