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SAUGATA BHATTACHARYYA
Tenpur Thakumoyee Vidyapith (H. S. ) – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SAUGATA BHATTACHARYYA, J.
1. Report filed on behalf of the Managing Committee of the School is taken on record.
2. Matter relates to allegations levelled by the school authorities of Tenpur Thakumoyee Vidyapith (H.S.) Paschim Medinipur (hereinafter referred to as “said school”) against a retired Assistant Teacher who superannuated on 31st May, 2023.
3. It is submitted by Mr. Lahiri, learned advocate representing the petitioner that the said teacher being respondent no. 6 was acting as Teacher-in-Charge till the date of her retirement and there are serious allegations on defalcation of funds which compelled the President of the Managing Committee to come forward with the present writ petition seeking direction to modify the order passed by the Commissioner of School Education, West Bengal vide memo dated 20th April, 2023 which would enable the President of the Managing Committee to get the benefit of appointment of an independent auditor for procuring further report relating to allegations levelled against the respondent no. 6.
4. The order of the Commissioner of School Education as contained in memo dated 20th April, 2023 is at pages 116 to 121 of the writ petition. Relevant
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....
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 ....
The main legal point established is the entitlement to provisional pension in the context of suspension, superannuation, and pending criminal proceedings, as per relevant rules and government orders.
Pension and gratuity cannot be withheld without established misconduct or legal authority, as they are statutory rights of retired employees.
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