IMPORTANT POINT
A judicial proceeding must have a nexus with the employee's employment to disentitle the employee from receiving pensionary benefits.

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, inter-alia, under Section 147, 148, 149, 324, 325, 326, 302 and 307 of the Indian Penal Code by the Learned Additional Sessions Judge, First Court, Purulia on March 28, 2005 sentencing him to suffer imprisonment for life and pay a fine of Rs. 10,000/- in default further one year of rigorous imprisonment. Consequently the petitioner was taken into jail custody on March 28, 2005.

4. Being aggrieved by the said order of conviction passed by the Jurisdictional Criminal Court the petitioner preferred a criminal appeal being CRA 2250 of 2005 before this Court in which an order was passed by the Appellate Court on May 16, 2005 granting suspension of sentence of the petitioner till disposal of such criminal appeal. As a consequence, the petitioner was enlarged on bail Annexure P-5 to the writ petition.

5. The petitioner retired from his employment on attaining the age of superannuation w.e.f. March 31, 2017 prior to his retirement the relevant school authorities submitted all the papers in relation to the payment of retiral benefit including pension and gratuity before the respondent no. 4 on December 21, 2015 Annexure P-6 to the writ petition.

6. The Deputy Director, Directorates of Accounts of School Education approached the respondent no. 4 in writing dated May 20, 2016, Annexure P-7 to the writ petition for releasing the pensionary benefit to the petitioner. The Deputy Director, Directorates of Accounts of School Education Department, Purulia further forwarded pension papers of the petitioner to the respondent no. 4, Annexure P-7 to the writ petition. Thereafter the Managing Committee of the relevant school authority submitted the pension file before the respondent no. 4 by its memo dated June 06, 2016 for releasing the pensionary benefits to the petitioner. The Deputy Director, Directorates of Accounts of School Education Department, Purulia again forwarded the pension papers of the petitioner before the respondent no. 4 under its memo dated July 21, 2016, to take further action to grant pensionary benefit to the petitioner Annexure P-9 to the writ petition.

7. The school authority also made a representation dated July 25, 2016 before the respondent no. 4 to release the terminal benefits regarding the pension of the petitioner Annexure P-10 to the writ petition. The respondent no. 4 then forwarded the pension file of the petitioner before the respondent no. 6 on February 08. 2017 for taking necessary action to grant pensionary benefits to the petitioner, Annexure P-11 to the writ petition. The relevant school authority had also issued the necessary No Liability Certificate in favour of the petitioner Annexure P-12 to the writ petition.

8. The petitioner then suddenly on February 08, 2017 received a memo issued by the respondent no. 4 issued to the respondent no.