1991 Supreme(Cal) 189
MAHITOSH MAJUMDAR
Suryadeb Ghosh – Appellant
Versus
State of West Bengal – Respondent
Advocates:
Advocate Appeared:
Mr. Maharaj Sinha and Arunava Ghosh for the Petitioner
No one for the Respondents
Judgement Key Points
- Petitioner was General Manager, District Industries Centre, Darjeeling, retired on July 31, 1986, without any charge-sheet or show cause notice during service. [9000349720001] (!)
- Petitioner submitted travelling allowance bills for Rs. 7656.32 from September 1984 to May 1986, application for commutation of pension on November 5, 1986, and reminders for retirement benefits. [9000349720001] (!)
- Memo No. 9252-COT/Estt dated September 2, 1987 directed grant of superannuation pension and gratuity to petitioner, with further instructions on proceedings to follow. (!) (!) (!)
- Despite directions, respondent No. 2 did not release benefits; petitioner sent reminders on January 9, 1988 and March 10, 1988. (!) [9000349720004] (!) (!) (!)
- Accountant General authorized final provident fund payment of Rs. 21,674/- vide memo dated November 4, 1987/November 9, 1987. [9000349720001] (!)
- Respondent No. 2 sanctioned 182 days unutilised leave salary (memo No. 578/Pension dated November 17, 1987), group insurance claim of Rs. 800/- (memo No. 41 dated December 1, 1987), and provisional pension Rs. 14,376/- and gratuity Rs. 40,030/- (memo No. 629/Estt dated December 16, 1987). (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
- No disciplinary proceedings initiated during service under West Bengal Services (Classification, Control and Appeal) Rules, 1971, or after retirement under West Bengal Services (Death-Cum-Retirement Benefits) Rules, 1971, particularly Rule 10(1)(b). (!) (!) (!) (!) (!) (!) [9000349720009]
- Withholding pension, gratuity, and benefits without proceedings violates Articles 14, 21, and 300A of Constitution, amounting to deprivation of property and livelihood without authority of law. [judgement_subject][judgement_act_referred][9000349720006][9000349720009][9000349720010][9000349720012][9000349720015][9000349720018]
- Right to pension and retirement benefits is property; cannot be withheld arbitrarily without reasonable opportunity to defend or compliance with rules. [9000349720006][9000349720009][9000349720010]
- Actions arbitrary, unreasonable, lacking natural justice; judicial review permissible for irrationality, illegality, procedural impropriety. [9000349720009][9000349720010]
- Right to life under Article 21 includes right to livelihood, human dignity, basic necessities; deprivation must follow fair, just, reasonable procedure established by law. [9000349720009][9000349720010][9000349720012][9000349720015][9000349720016][9000349720017]
- Article 300A prohibits deprivation of property without authority of reasonable law; applies to withholding benefits post-retirement. [9000349720006][9000349720009][9000349720013][9000349720014][9000349720015]
- Respondents failed to file affidavit-in-opposition despite court directions; no appearance, leading to ex parte decision. [9000349720005] (!)
- Writ petition allowed; respondents directed to pay all pensionary and financial benefits within one month, with 12% interest from accrual date, and costs of 50 G.M.S. [Final Decision] (!) [9000349720017]
JUDGMENT
The writ application is directed against the withholding of pension and gratuity despite order being No. 9252-COT/Estt dated September 2, 1987 issued by the Assistant
__________
Con-40/86
Secretary to the Government of West Bengal, Cottage & Small Scale Industries Department, non-payment of T.A. bills submitted on the basis of Tour Diary duly approved by the joint Director, Industries (S.S.I.) Cottage Small Scale Industries, non-payment of provident Fund despite orders passed by the Accountant General, West Bengal under memo No. Fund-IV/4520/FP/R/1186 dated November 4, 1987, illegal withholding of un-utilised Leave Salary for 182 days sanctioned by the Director, Cottage & Small Scale Industries Department, illegal withholding of claim under State Employees Group Insurance-cum-Savings Scheme, 1983 duly sanctioned vide order No. 41 dated December 1, 1987 by the Director of Cottage & Small Scale Industries, non-consideration of application dated November 5, 1986 for commutation of 1/3rd Pension etc.
2. The facts of the case in brief are as follows :
The petitioner at all material times was the General Manager, District Industries Centre, Darjeeling before the dace of his retirem
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