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2016 Supreme(Cal) 969

SAHIDULLAH MUNSHI
Md. Sayed – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Saibal Acharya, Mr. Sariful Islam Mallick
For the State : Mr. Supriyo Chattopadhyay, Ms. Iti Dutta
For the Respondents: Ms. Indrani Pal, Mr. Pinaki Dhole, Mr. Syed Nazmul Hossain, Mrs. Syeda Musarrat Sahin
For the Managing Committee : Ms. Sanghamitra Nandy

JUDGMENT :

Sahidullah Munshi, J.

This writ petition is directed against a purported refusal of the respondent no.5, the District Inspector of Schools (S.E.), Malda, to issue clearance certificate for drawing pension and other retirement benefits of the petitioner despite receiving “No Liability Certificate” from the school authority and despite the fact that the Pension Payment Order (hereinafter referred to as P.P.O.) from the respondent no.3, Director of Pension Provident Fund and Group Insurance (Branch Office) has already been issued.

2. In the writ petition following case has been made out :

a. The petitioner was appointed as an Assistant Teacher at Malda Model Madrasah (H.S.), in the Town of Malda in the year 1982 and, thereafter he was appointed in the post of Assistant Headmaster on and from 1st October, 1996. His such appointment was approved by the concerned authority.

b. Subsequently, the petitioner was appointed in the post of Headmaster of the said Madrasah wherefrom he was superannuated on and from 31st January, 2016.

c. The petitioner duly filled up his pension booklet and submitted the same to the appropriate authority much prior to his retirement and according to him, he





























































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