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2010 Supreme(Cal) 1396

B.BHATTACHARYA, SAMBUDDHA CHAKRABARTI
STATE OF WEST BENGAL – Appellant
Versus
Sheo Ram Giri – Respondent


Advocates Appeared:
Kanailal Samanta, Swapan Kumar Pal, Tarapada Das, Mahadeb Khan, Chandan Dutta

JUDGMENT

Bhaskar Bhattacharya, J.

1. THIS Mandamus-Appeal is at the instance of the State of West Bengal and is directed against order, dated 4th March, 2010, passed by a learned Single Judge of this Court by which His Lordship disposed of a writ-application filed by a retired Headmaster of a school by directing the Director of Pension, Provident Fund and Group Insurance, West Bengal, to pay to him the interest @ 7% per annum on the sums of Rs.8,73,537/- and Rs. 2,50,000/- respectively for the period from July 01, 2001, the date of accrual of the dues till August 03, 2009, the date of actual payment.

2. BEING dissatisfied, the State has come up with the present appeal. The following facts are not in dispute:-

a) The writ-petitioner, a former Headmaster of a School, retired from service on 30th June, 2001. In the past, there was dispute as regards the entitlement of the scale of pay and consequently, the amount of pension payable to the writ-petitioner and on a writ-application filed by him, being W.P. No. 12484 (W) of 2002, a learned Single Judge of this Court directed the D.I. (S.E.), Burdwan, to pay Provisional Gratuity and Provisional Pension with a direction upon the Director of











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