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2015 DIGILAW 559 (CAL)

Chandra Sekhar Chakrabarti v. State of West Bengal

2015-07-08

TAPABRATA CHAKRABORTY

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JUDGMENT : Tapabrata Chakraborty, J. Affidavit of service filed by the petitioner be kept on record. 2. The petitioner is granted leave to implead the Additional Secretary to the Government of West Bengal, Animal Resources Development Department (hereinafter referred to as the ARD Department), the Joint Secretary to the Government of West Bengal, ARD Department and the Deputy Secretary to the Government of West Bengal, ARD Department as parties to the instant writ application. The learned advocate on record of the petitioner is granted leave to make necessary correction in the cause title of the writ application. 3. As Mr. Dutta, learned junior Government advocate appearing for all the State respondents can also represent the respondents directed to be impleaded, fresh service upon the said respondents is dispensed with. 4. Mr. Moniruzzaman, learned advocate appearing for the petitioner submits that the petitioner was initially appointed as a Lecturer in Zoology in Jogomaya Devi College and thereafter the petitioner worked in the post of Lecturer of Zoology in the University of North Bengal and thereafter in the post of Reader of Zoology in the University of Burdwan from which he was promoted to the post of Professor. Subsequent thereto, vide notification dated 28th July, 2006, the petitioner was appointed as the Vice Chancellor of the West Bengal University of Animal & Fishery Sciences (hereinafter referred to as the said University) with effect from 7th August, 2006 in terms of Government Notification dated 28th July, 2006 and he attained the age of 60 years on 31st January, 2012, with all continuity of service. In support of such contention, he has drawn the attention of this Court to the documents at pages 22 to 26 of the writ application. 5. He further submits that even after attaining the age of 60 years the petitioner continued to hold the post of Vice Chancellor of the said University till 6th August, 2014. 6. He submits that upon attaining the age of 60 years, the petitioner made repeated representations for disbursement of all the pensionary benefits but the respondents did not consider the same. 7. Records reveal that the writ application was initially heard by this Court on 6th May, 2015 and on the said date itself the Court directed the State respondents to furnish appropriate instruction as to why the pensionary benefits of a retired Vice Chancellor of the said University has not been paid. 7. Records reveal that the writ application was initially heard by this Court on 6th May, 2015 and on the said date itself the Court directed the State respondents to furnish appropriate instruction as to why the pensionary benefits of a retired Vice Chancellor of the said University has not been paid. Thereafter, repeated adjournments were granted to enable the State respondents to furnish appropriate instruction but in vain. 8. In the midst of hearing of this writ application, Mr. Moniruzzaman has brought to the notice of this Court an order passed in W.P. 20703 (W) of 2013 in the case of one Dr. Saroj Kumar Sanyal, retired from the post of Vice Chancellor of Bidhan Chandra Krishi Viswa Vidyalaya and notifications dated 21st January, 2000 7th July, 2000 and 9th February, 2011. Let the said documents be kept on record. 9. A perusal of the notification dated 21st January, 2000 reveals that a decision was adopted by the appropriate authority that service of a person up to the age of 60 years as Vice Chancellor of a University appointed on regular basis shall be countable for determination to the retirement benefits. 10. Mr. Chaudhuri, learned advocate appearing for the university submits that information about the service rendered by the petitioner along with documents as sought for were forwarded to the said respondent no.10 by a letter dated 4th December, 2014 but no steps were taken by the respondent no.10 towards disbursement of the pensionary benefits of the petitioner. 11. Mr. Chaudhuri assures this Court that the university authorities are ready and willing to extend all further cooperation to the said respondent no.10, if required, towards disbursement of the pensionary benefits. 12. Mr. Moniruzzaman in reply submits that the Secretary to the Government of West Bengal, ARD Department is also the Secretary to the Chancellor of West Bengal University of Animal Fisheries Science and that prior of preference of the writ application, the said respondent was approached by a representation dated 9th April, 2014 praying for grant of necessary approval towards disbursement of the pensionary benefits. Let a copy of the said representation be kept on record. 13. Let a copy of the said representation be kept on record. 13. He further submits that there is no dispute that the petitioner has rendered service up to the age of 60 years with all continuity and the entitlement of the petitioner to avail pensionary benefits for the said tenure of service stands fortified by the notification dated 21st February, 2000. 14. I have heard the learned advocates appearing for the respective parties and I have considered the materials on record. 15. The undisputed facts are that the petitioner rendered service up to the age of 60 years with all continuity and all his pension papers were duly forwarded by the said university to the respondent no.10 and the university authorities have also recommended towards disbursement of the said pensionary benefits to the petitioner. 16. No document has been brought to the notice of this Court disputing the contention of the petitioner as regards entitlement to avail the pensionary benefits on the rudiments of the continuous service rendered by him till he attained the age of 60 years and no instruction is forthcoming as to why the petitioner's pensionary benefit has been withheld. 17. On the contrary, the State respondents on repeated occasions took adjournment but in spite of grant of repeated opportunities there was no endeavour on the part of the State respondents to take any step towards for resolution of the dispute. 18. The attention of this Court has also been drawn to an order passed by this Court in W.P. No. 20703 (W) of 2013 by which appropriate directions were issued towards disbursement of the pensionary benefits to the then Vice Chancellor of Bidhan Chandra Karishi Viswa Vidyalaya. Let a copy of the said order be kept on record. 19. Pension is a retirement benefit partaking of the character of regular payment to a person in consideration of the past service rendered by him and is claimable as a matter of right and such right is in the nature of a property in the hands of the employee. 20. In the conspectus of facts, I find no justification whatsoever towards withholding of the pensionary benefits of the petitioner. There is no dispute as regards the petitioner's entitlement to the said pensionary benefits and as such I am of the opinion that necessary direction needs to be issued upon the respondents towards disbursement of the pensionary benefits. 21. 20. In the conspectus of facts, I find no justification whatsoever towards withholding of the pensionary benefits of the petitioner. There is no dispute as regards the petitioner's entitlement to the said pensionary benefits and as such I am of the opinion that necessary direction needs to be issued upon the respondents towards disbursement of the pensionary benefits. 21. Accordingly, I dispose of this writ application directing the State respondents, particularly the respondent nos. 1, 10, 11 and 12, to sanction, approve and disburse the pensionary benefits in favour of the petitioner positively within a period of four weeks from the date of communication of this order. 22. The State respondents shall thereafter continue to disburse the pension of the petitioner month by month, in accordance with law. 23. In the event the pensionary benefits as directed above are not paid within the time specified, the petitioner would be entitled to 8% interest over the arrears for the period from the date specified towards disbursement till the date of actual disbursement. 24. With the above observations and directions, the writ application is disposed of. 25. There shall, however, be no order as to costs.