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Calcutta High Court · body

2018 DIGILAW 17 (CAL)

In re : Sri Santipada Mondal v. State of West Bengal

2018-01-04

TAPABRATA CHAKRABORTY

body2018
JUDGMENT : 1. The present writ petition has been preferred challenging inter alia the inaction on the part of the respondents to disburse the pensionary benefits of the petitioner. 2. Mr. Jana, learned advocate appearing for the petitioner submits that the petitioner was appointed and approved as an assistant teacher in Maharaja Cossimbazar Polytechnique Institute (in short, the said school) under honours/post graduate category and he was granted the honours graduate scale of pay on the basis of his honours graduate degree. Subsequent thereto, the petitioner obtained his master degree and he was sanctioned the post graduate scale of pay on and from the date following the last date of the M.Sc. final examination, i.e., 28th November, 1981 till he attained his age of superannuation on 31st January, 2017. Upon scrutiny of pension papers of the petitioner, the auditing authority made certain observations and called for necessary records from the school authorities. Upon complying with the requirements specified by the auditing authority, the school authorities resubmitted the pension papers on 9th January, 2017. Surprisingly thereafter, the school authorities wanted to redraw the leave account of the petitioner as per instruction of the respondent no.3 and the pensionary benefits were withheld. Aggrieved thereby the petitioner has approached this Court. 3. He further submits that the authorities are under an obligation to disburse the pensionary benefits immediately after a teacher retires but in the instant case though the petitioner had retired in the month of January, 2017, he is yet to get pensionary benefits and as a consequence thereof he is suffering from extreme financial crisis. 4. Mr. Bhattacharya, learned advocate appearing for the school authorities submits that in the month of December, 2016 a complaint was lodged by some teachers of the said school as regards leave statement of the petitioner. The matter was informed to the respondent no.3 who directed an enquiry and an enquiry report was filed on 13th February, 2017. On the basis of such enquiry report, the school authorities considered the issue and claimed an amount of Rs. 74,602/- towards regularization of the leave account of the petitioner. Let copies of the enquiry report and the calculation sheet pertaining to preparation of leave account, as produced, be kept on record. 5. He further submits that in the event the said amount of Rs. 74,602/- towards regularization of the leave account of the petitioner. Let copies of the enquiry report and the calculation sheet pertaining to preparation of leave account, as produced, be kept on record. 5. He further submits that in the event the said amount of Rs. 74,602/- is deposited by the petitioner, the school authorities would regularize the leave account and send the relevant records to the pension sanctioning authority and would also issue the ‘No Liability Certificate’ so that the petitioner may avail his pensionary benefits. 6. Mr. Saugata Bhattacharya, learned advocate appearing for the State respondents submits that the observations made by the auditing authority pertaining to CPF contribution, calculation statements and approval memo of post graduate scale of pay need to be addressed by the school authorities for settlement of the pensionary benefits of the petitioner. 7. In the writ petition, the observations made by the auditing authority have been annexed at page 65 of the writ petition. It would be explicit from the documents at pages 66 to 68 of the writ petition that the CPF contribution and calculations have already been prepared by the school authorities and forwarded to the respondent no.3 and as such the first requirement specified by the auditing authority stands complied. It would also be explicit from the records, particularly from page 29 of the writ petition that the respondent no.3 approved the post graduate scale of pay with effect from 28th November, 1981 and thereafter the petitioner was paid the post graduate scale of pay till his retirement and as such the third requirement as specified by the auditing authority cannot stand in the way towards disbursement of the pensionary benefits. So far as the second observation pertaining to leave statement, Mr. Jana submits that during pendency of the present writ petition, the school authorities, upon granting an opportunity of hearing to the petitioner, has passed an order that the leave account would be regularized subject to payment of an amount of Rs. 74,602/-. The petitioner agrees to pay the said amount. In the said conspectus, the observations made by the auditing authority cannot stand in the way towards disbursement of the pensionary benefits. 8. Upon hearing learned advocates appearing for the respective parties and upon considering the materials on record, I am of the opinion that as the petitioner has agreed to pay the amount of Rs. In the said conspectus, the observations made by the auditing authority cannot stand in the way towards disbursement of the pensionary benefits. 8. Upon hearing learned advocates appearing for the respective parties and upon considering the materials on record, I am of the opinion that as the petitioner has agreed to pay the amount of Rs. 74,602/- towards regularization of leave account there can be no embargo towards disbursement of pensionary benefits. 9. Accordingly, this Court directs the petitioner to deposit the amount of Rs. 74,602/-by a treasury challan in the concerned treasury within a period of two weeks from date. 10. Upon such deposit, the receipt shall be produced by the petitioner before the respondent no.4 and within two weeks thereafter the regularized leave account along with all necessary papers shall be forwarded by the respondent no.4 to the respondent no.3. 11. Within two weeks after receipt of the said documents from the respondent no.4, the pension sanctioning authority, being the respondent no.3, shall forward all the relevant documents to the respondent no.2 for issuance of the pension payment order. 12. Within two weeks after receipt of the documents from the respondent no.3, the respondent no.2 shall issue the pension payment order in favour of the petitioner. 13. Within two weeks after issuance of pension payment order, the school authorities shall also issue the ‘No Liability Certificate’ in favour of the petitioner so that the same can be submitted by the petitioner before the concerned treasury for actual disbursement of pensionary benefits. The pensionary benefits shall be disbursed in favour of the petitioner within a period of two weeks thereafter, subject to compliance of necessary formalities, if any. 14. With the above observations and directions the writ petition is disposed of. 15. There shall however be no order as to costs. 16. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties.