- (1.) THE petitioner, who was an employee of Nabadwip Municipality, had approached this Court by filing a writ petition (being W. P. No. 19440 (W) of 2004) with a prayer for release of his retiral dues and other benefits. He had retired from his service on 31st January, 1999. Before approaching this Court, he had written a letter to the Chairman of the Municipality on 13th September 2004, summarizing his entitlement under the following heads :- (i) (ii) (iii) (iv) (v)Arrear Pension : Gratuity : Provident Fund : House Rent : Arrear Salary : rs. 2,80,350/-Rs. 1,20,780/-Rs. 1,22,125/-Rs. 0,15,225/-Rs. 1,15,230/-
(2.) THE pension payment order ("ppo" in short) was issued by the directorate of Pension, Provident Fund and Group Insurance of the government of West Bengal in respect of the petitioner on 28th May, 2004. The PPO reflected that the petitioner had become entitled to pension with effect from 1 st February, 1999. His claim for gratuity was also corroborated in the PPO. It appears that the petitioner has been receiving pension from the year 2004 and has received roughly half the sum stipulated in the PPO as Gratuity. The petitioner's prayer in the Writ Petition were :- "a) issue a writ/order/direction in the nature of Mandamus commanding the respondents concerned and each one of them, specially, the respondent Nos. 1 to 5 herein, to forthwith release and make payment of all the arrears of retiral and other benefits due to your petitioner as prayed for in terms of Annexure 'p-5' herein less the amount already received in terms of Annexure 'p-6 herein towards retiring gratuity, to which the petitioner is admittedly entitled in accordance with law together with the statutory rate of interest accrued thereon till the date of such actual payment is made ; b) issues a writ/order/direction in the nature of Mandamus Commanding the respondents concerned and each one of them specially the respondent Nos. 1 to 5 herein, to act and proceed strictly in accordance with law in the matter of payment of admitted amount of arrears of retiral and other benefits of the petitioner as prayed for in terms of Annexure 'p-5' herein ; c) issue a writ/order/direction in the nature of Certiorari Commanding the respondents concerned and each one of them to forthwith transmit or cause to be transmitted the entire records in original in connection with the case of your petitioner before this Hon'ble Court and on such production being made to render conscionable justice by directing the said concerned respondents and each one of them specially the respondent Nos. 1 to 5 herein to forthwith release and make payment of all his arrear dues viz, arrear Pension (about 63 months), arrear gratuity, arrear Provident Fund, arrear house rent allowances and arrear salary due to the petitioner due to revision of pay scales, as prayed for in terms of Annexure '-5' herein, less the amount already paid in terms of Annexure P-6' herein to which the petitioner is admittedly entitled in accordance with law together with the statutory rate of interest accrued thereon till date of such actual payment is made ; e) made the Rule absolute should the respondents fail to make sufficient answer or return. f) issue an interim order directing the respondents concerned and each one of them, specially the respondent Nos. 1 to 5 herein, their men, agents, subordinates and employees to forthwith make an ad-hoc payment of a reasonable amount to your petitioner towards his postal retiral benefits as stated in Annexure 'p-5' herein, to be adjusted against final payment of such arrears of post retiral benefits, to which your petitioner is admittedly entitled in accordance with law, pending disposal of this application ; g) issue and ad-interim order in terms of prayer (f) above ; h) award cost and costs incidental to this application; i) pass such other order or further order or orders and/or directions as to Your Lordships may deem fit and proper; And your petitioner, as in duty bound, shall ever pray. "
(3.) ANNEXURE "p5" to the Writ petition specified in prayer (a) of the writ petition is the letter to which I have referred to in the earlier part of this judgment. Annexure "p6" comprises of a communication of the Chairman of the Municipality informing the writ petitioner that a bill for Rs. 60,390/- (rupees sixty thousand and three ninety only) was ready for payment on account of 50% retiring gratuity. The petitioner was advised to take payment of this sum within seven days from the date of receipt of that letter.;