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LAPITA BANERJI
Tarun Bandopadhyay – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Lapita Banerji, J. - The petitioner's grievance in this Writ Petition being W.P.A. No. 3039 of 2017 arises out of the failure on the part of the respondent No.3/the Principal of Berhampore College to process the documents necessary for payment of retiral benefits of the writ petitioner. The failure on the part of the Principal to send the entire documents along with the service book to the respondent No.4/the Director of Pension, Provident Fund and Group Insurance for release of pensionary benefits.
2. The facts in the Writ Petition are as follows:
(a) The petitioner retired as an Assistant Professor of Mathematics from Berhampore College on January 31, 2016. He has continuously rendered his service from January 4, 1982.
(b) Despite rendering 34 years of continuous satisfactory service, his post-retirement benefits were withheld, due to the conduct/action on the part of the respondent No.3/the Principal.
(c) After waiting for a long period, on September 6, 2016, the petitioner wrote to the respondent No.2/the Director of Public Instructions (DPI) Higher Education Department for release of the retirement benefits of the petitioner.
(d) In reply to the letter, to the DPI (Supra) t
The main legal point established in the judgment is the violation of DCRB guidelines by the respondent No.3, leading to the delay in processing the petitioner's retiral benefits, and the court's dire....
The Tribunal erred in attributing delay in pension payment to the petitioner; interest at 6% is due under Clause-5 of the government resolution for delayed retiral benefits.
Pension is a constitutional right and must be disbursed timely; claims for compensation due to delays require evidence and cannot be resolved in writ proceedings.
The pension and other retiral benefits are valuable rights and property in the hands of the government servants. Any delay in settlement and disbursement should be viewed seriously, and heavy interes....
Point of Law - Service Matter – Benefits of Pension Right of the petitioner to claim the pensionary benefits alive in any other proceedings which may be initiated by the petitioner at the appropriate....
Each party should take responsibility for their mistakes and not set off their mistakes on the other party.
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