ANGANA MUKHOPADHYAY Vs. STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2006-8-97
HIGH COURT OF CALCUTTA
Decided on August 31,2006

Angana Mukhopadhyay Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

Jayanta Kumar Biswas, J. - (1.) The petitioner is alleging that the authorities have not paid anything on account of retiral benefits, though she retired as back as March 31, 2006. Her further allegation is that since the secretary of the school did not sign the cheque, already signed by the teacher in-charge salary for March 2006 was not paid to her. It is her further allegation that without any reason the secretary decided to deduct 10% from the provident fund amount.
(2.) If what the petitioner is saying is correct, then I must say that the state is heading towards a chaos in the education sector. A teacher retiring from service is expected to get his retiral benefits on the day he retires. This is a case where not only the teacher did not get the benefits, but she was also deprived of the salary for the last month because of the high handedness of the secretary of the institute. Perhaps it is high time that the state Government reviews the entire situation for considering whether the managing committee system existing at the present moment in terms of the 1969 Rules should at all be continued. The state will well advice itself if it takes a conscious decision after considering the management problems that have plagued numerous educational institutes in the state. Out of everyday experience this court is compelled to make these observations.
(3.) In so far as the present case is concerned, I think the writ petition should be disposed of giving necessary directions. Hence I dispose of it ordering that the secretary of the state Government of the education department, secondary branch, the director of school education, the director of pension, provident fund and group insurance, the district inspector of schools and the authority of Jagacha Girls' High School, Howrah shall ensure that all retiral benefits are paid to the petitioner with all accrued statutory interest within four weeks from the date of receipt of a copy of this order by them. The secretary of the education department shall remain responsible for due compliance with this order by all the other authorities. The director of school education shall ensure that the school authority complies with all the formalities needed for the purpose. If he finds that anyone is guilty of any lapses, then he shall take immediate punitive action.;


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