The eligibility and entitlement to pension cannot be reduced or withheld without proof of corruption or disciplinary proceedings, and pension and pensionary benefits are the property of the employee and cannot be withheld without basis.

JUDGMENT

Md. Nizamuddin, J. - Heard learned advocates appearing for the parties.

Petitioner has filed this Writ Petition being aggrieved by inaction on the part of the respondent teacher-in-charge/Headmaster of the School namely Mitra Institution (Main), Kolkata, in issuing 'No Liability Certificate' in favour of the petitioner and sending the same to State Education authority concerned for the purpose of disbursement of pensionary benefit as per the Pension Payment Order (PPO) dated 24th February, 2021 issued by District Inspector of School and non payment of all retiral benefits to the petitioner.

Case of the petitioner in brief are as hereunder.

Writ Petitioner was appointed as the Headmaster of Mitra Institution (Main), Kolkata on 14th May, 2004 and which was approved by the District Inspector of Schools (SE) on 11th august, 2004 and he retired from his service on 30th June, 2020 and on 29th June, 2020 the Managing Committee of School unanimously decided that the assistant Teacher one Mr. Biplab Naha Biswas will be appointed as Teacher-in-charge of the School and that the Teacher-in-charge will issue 'No Liability Certificate' to the petitioner for the purpose of releasing his pension and other retiral benefits. It is also the case of the petitioner that while processing the pension papers before the State authorities concerned for sanctioning the retiral benefits of the petitioner, the President of the School (in absence of the Headmaster) issued 'No Liability Certificate' with the observation that the petitioner had no liability to the School. after considering all the relevant papers regarding service of the petitioner the State School authority concerned issued pension payment order on 24th February, 2021 as appears at Page 35 of the Writ Petition and in view of the aforesaid circumstances the Teacher-in-charge/Headmaster of the School is duty bound to send on-line 'No Liability Certificate' to the State authority concerned which he failed to do in spite of repeated request made by the petitioner from time to time and such action of the Teacher-in-charge/Headmaster not issuing the 'No Liability Certificate' in favour of the petitioner without initiating any disciplinary proceeding on charge if any against the petitioner at this retired stage of his life is causing infringement of his right to livelihood by denial of all retiral benefit including pension after rendering service to the institution as Headmaster for 16 years.

Learned advocate appearing on behalf of the respondent School authority submits that reason for not issuing the 'No Liability Certificate' is that the petitioner has committed illegality and irregularity by appointing the auditor for audit of the School for the financial year 2017-18, 2018-19 and 2019-20 outside the Government empanelled auditor which was beyond the official power and function of the Writ Petitioner and the payment of fees to the auditor was made from the School fund. The respondent School authority has annexed a Memo/document to the supplementary affidavit-in-opposition affirmed on 21st December, 2021 by the respondent Headmaster of the School, issued by the Commissioner of School Education (SE) dated 15th September, 2021 which appears at Page 8 of the said supplementary affidavit-in-opposition from which it appears that the Commissioner of School Education has issued the said memo addressing to the Headmaster of the School expressing inter alia his observations and opinions which are as follows:

'1. Headmaster of a School is not authorized to appoint auditor for the purpose of audit of his own school. It is the prerogative of the Commissioner of School Education, West Bengal.

2. The action of the Headmaster in auditing school accounts through his own appointed auditor is to fulfil his vested interest and hence the Commissioner of School Education, West Bengal is not in a position to ratify this action.

3. The Headmaster himself has to bear the cost of this audit. In case it is paid out of