19.03.2025 Item No.11 Ct. No. 30 Aloke WPA 21081 of 2024 Bhabesh Chandra Kayal Vs The State of West Bengal & Ors. Mr. R. Guha Thakurta Ms. S. Sengupta Mr. Pulin Ch. Maity … for the petitioner Mr. Ghanshyam Pandey Ms. Sneha Singh Mr. B. Jaisingh … for the private respondent Mr. Partha Bhanja Choudhury Mr. Rajat Dutta … for the respondent nos. 3 & 4 Mr. Vimal Kr. Shahi, ld. AGP Ms. Kalpita Paul … for the State The present writ application has been preferred praying for direction upon the Certificate Officer for recovery of the gratuity as directed by the Controlling Authority. The learned counsel for the State appearing virtually submits that a settlement has been arrived at between the parties and a previous writ application being WPA 19317 of 2021 had been disposed of accordingly. But subsequently the said order was not complied with by the respondent company. The learned counsel for the petitioner now submits that the recovery proceeding be completed 2 to ensure that the petitioner receives the gratuity as directed by the Controlling Authority in his notice dated 26.10.2018. A show-cause notice was issued by the Controlling Authority on 22.03.2021 and as the said notice was not complied with, the Controlling Authority vide a letter dated 09.11.2021 informed the Certificate Officer and District Magistrate to recover the gratuity from the respondent company as directed. It is submitted that till date the recovery proceeding has not been completed for which the petitioner is suffering. From the materials on record it appears that vide an order dated 24.12.2021 the Certificate Officer issued a notice to the respondent company but since then there has not no development in the said case. The State has filed a report wherein it is stated that as per order dated 08.03.2022 in WPA 19317 of 2021 the settlement has not been arrived at. Let the report be kept with the record. Accordingly, the writ application is disposed of with the direction that the Certificate Officer shall take all necessary steps to complete the recovery proceeding in the present case within a period of 60 days from the date of communication of this order, 3 in accordance with law on hearing the parties, if deemed necessary. The parties are at liberty to make their representations before the Certificate Officer who shall consider the same in accordance with law. All connected applications, if any, stand disposed of. Interim order, if any, stands vacated. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, expeditiously after complying with all necessary legal formalities. (Shampa Dutt (Paul), J.)