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2021 Supreme(Cal) 273

AMRITA SINHA
Bhagwan Singh – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Mr. Sakti Pada Jana, Mrs. Ujani Pal (Samanta).
For the Respondents: Mr. Subhabrata Datta, Mr. Debashis Sarkar, Mr. Paritosh Sinha.

JUDGMENT :

AMRITA SINHA, J.

1. The petitioner retired from service as Darwan of Calcutta Girls’ College, Kolkata on attaining his normal age of superannuation on 31st December, 2010. After his retirement a sum of Rs. 12,000/- only was sanctioned on account of Death-cum-retiring gratuity in accordance with Rule 41 of the West Bengal Non- Government College Teacher’s Death cum Retirement Benefit Scheme, 1973.

2. According to the petitioner he joined service in the college on 1st December, 1978 and he retired from service on 31st December, 2010 after rendering more than 32 years of service. He submits that Rs. 12,000/- is an extremely meagre amount which has been paid to him on account of his gratuity. According to him he ought to receive gratuity at a higher rate and is also eligible to receive pension. The petitioner claims that he is entitled to receive retirement benefit under the General Provident Fund (Pension-cum-Gratuity Scheme) and he has been illegally and arbitrarily deprived from getting the benefit in terms of the aforesaid scheme.

3. The petitioner relies upon a communication dated 12th April, 2017 by the Principal/Secretary of the College to the Director of Public Instructi

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