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DEBANGSU BASAK
Gunamay Mahato – Appellant
Versus
State of West Bengal – Respondent
Debangsu Basak, J.
The petitioner seeks retirement benefit.
2. It is contended on behalf of the petitioner that, although the petitioner was convicted in a criminal case under Sections 148, 149 and 302 of the Indian Penal Code, he is entitled to retirement benefits. He had reached the age of superannuation on April 13, 2014. On an appeal preferred from the order of conviction, the High Court had suspended the execution of the sentence. The petitioner had been granted bail by the Appeal Court.
3. Relying upon 2014 2 CHN 103 (Anandi Prasad Mahato v. State of West Bengal) and the judgment and order dated July 9, 2015 passed in W.P. No. 9890(W) of 2015 (Prafulla Chandra Mahato v. The State of West Bengal & Ors.) it is submitted that, pendency of a criminal case is not a valid ground for withholding of terminal benefit of a Government employee.
4. The State and the Council authorities are represented.
5. It is contended on behalf of the Council that, the petitioner is governed by the West Bengal Recognized Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981. In chapter V Rule 19(5) thereof the petitioner is not entitled to pensionary benefit
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