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ANIRUDDHA ROY
Subhash Mahato – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
ANIRUDDHA ROY, J.
Facts:
1. The petitioner was initially appointed as an Assistant Teacher of Sitalpur Junior High School, District-Purulia on and from July 02, 1985. The employment of the petitioner was approved w.e.f. July 06, 1985 Annexure P-1 to the writ petition. The petitioner then was appointed as the Teacher-in-charge of the relevant school with a maximum extension stipulation till March 03, 1987 Annexure P-2 to the writ petition.
2. The petitioner then was appointed as the Headmaster of Sitalpur Junior High School, District-Purulia on and from November 13, 1991 and his service was as such approved on January 18, 1992 Annexure P-3 to the writ petition. The petitioner then by and under Memo dated August 20, 1996 issued by the respondent no. 4 appointed as the Headmaster of Sitalpur High School, District-Purulia and the said school was upgraded to Higher Secondary School and he was appointed as the Headmaster of Sitalpur High School and continued as such till his superannuation Annexure P-4 to the writ petition.
3. Immediately prior to his superannuation the petitioner was convicted in Sessions Trial Case No. 109 of 1989 arising out of Sessions Case No. 15 of 1989, inte
A judicial proceeding must have a nexus with the employee's employment to disentitle the employee from receiving pensionary benefits.
Withholding of pension and gratuity due to pending criminal proceedings is unconstitutional when departmental charges are dropped and no substantial justification is provided.
The duty of a teacher to impart education and moral values to students, and the seriousness of the petitioner's offences, justified the withdrawal of his pension under Rule 27 of the M.C.S. (Pension)....
Pension and gratuity cannot be withheld without established misconduct or legal authority, as they are statutory rights of retired employees.
Pension is a property right that cannot be withheld without lawful authority; withholding based on proceedings initiated post-retirement is unlawful, and interest must be paid for delays in disbursem....
A retired headmaster's entitlement to pension cannot be withheld due to unproven financial allegations post-retirement, but provisional pension may be granted pending reconciliation of account discre....
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