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IN THE HIGH COURT AT CALCUTTA
Rai Chattopadhyay, J.
Mahadeb Bhattacharya – Petitioner
Versus
State of West Bengal & Ors. – Respondents
WPA 22118 of 2023
Decided On : 09-05-2024
Pension - Employee Rights - West Bengal Recognised non-Government Educational Institution Employees (DCRB) Scheme, 1981; Memorandum No.62-SSE/17 dated April 17, 2017 - The court emphasized that pension is a constitutional right and procedural irregularities should not impede the substantive right to receive pension.
Fact of the Case:
The petitioner, a retired assistant teacher, has not received his pension due to alleged non-submission of required forms. The school authority claimed defects in the submitted forms, while the petitioner argued he complied with all requirements.
Finding of the Court:
The court found that the school authority failed to notify the petitioner of any defects in a timely manner and that the forms submitted were accepted as valid, thus the petitioner is entitled to his pension.
Issues: Whether the petitioner is entitled to receive his pension despite the school authority's claims of defects in the submitted forms.
Ratio Decidendi: The right to receive pension is a constitutional right and cannot be denied based on procedural irregularities unless fraud is established.
Result: The court ordered the immediate processing and release of the petitioner's pension.
JUDGMENT :
Rai Chattopadhyay, J.
1. The matter here relates to the loggerhead created between the petitioner and his previous employer, that is the head (HOI in short) of the school, namely Rabindra Smriti (S) Vidya Niketan, in which the petitioner has served as an assistant teacher from March 1, 1998, to January 31, 2019. That is regarding processing the pension file of the writ petitioner, as a result of which the writ petitioner is yet to receive pension, after retiring on January 31, 2019. Hence, this case.
2. The procedure for application, process and disposal of pension cases of the employees of the non-government aided and recognised educational institutions (including DA getting schools) through e-Pension Portal, has been vide the Memorandum No.62-SSE/17 dated April 17, 2017. This Memorandum has been a modification to the appropriate extent of the West Bengal Recognised non-Government Educational Institution Employees (DCRB) Scheme, 1981, introduced vide GO no. 136-EDN(B) dated May 15, 1985 and has also cancelled and/or modified the other related government orders.
3. The said Memorandum dated April 17, 2017, has provided for introduction of e-Portal and generation of list of the employees to superannuate, 12 months prior to the date of their respective superannuation. According to the said new scheme, the HOI, the Sub-Inspector of schools and the respective person scheduled to retire within the next 12 months, shall be taken simultaneously onto the same loop, to process the pension papers seamlessly through the e-Portal, instead of transacting the same in voluminous files.
4. The virtual Form would consist of five parts, that is, Parts -‘A’, ‘B’, ‘C’, ‘D’ and ‘E’. Parts ‘A’ and ‘B’ would be filled up by the employee, with the personal details and information relating to the commutation of pension, if any, respectively. Those shall be submitted to the end of the Head of the Institution (HOI)/Sub-Inspector of the Schools (P.E.), by the employee, in virtual form. Printout of the Part-‘A’, in triplicate, with photograph, et cetera, as stipulated, would be submitted by him before the same authority, in physical form. Similar is with regard to the Part-‘B’ too.
5. Pertinent here is to note certain time limits as provided therein. Within the period from 12th month to 11th month from the date of superannuation, the employee has to receive the user-id and password. PARA 3.3 of the said notification has provided that the employee shall complete submission of Part-‘A’ and Part-‘B’, both in virtual as well as physical form, within a date not later than ten months before his date of superannuation.
6. PARA 4 is the provision for processing of application for pension, submitted by the superannuating employee at the end of HOI/Sub-Inspector of Schools and the same is heavily relied on by the petitioner in this case. Such processing by the HOI has to be in stages, as described in PARAs 4.1 to 4.5 of the Memorandum. First is receipt and acknowledgment thereof. The application forms Part-‘A’ and Part-‘B’ along with other supporting papers, when submitted by the employee at the end of HOI, receipt of the same shall be acknowledged immediately and a system generated acknowledgement receipt shall be handed over to the employee.
7. Next is verification by the HOI. Correctness of the information declared by the employee in Part-‘A’ shall be verified along with the fact that if information declared in Part-‘A’ is complete in all respect and all the required attachments have been submitted. Part-‘B’ shall also be verified.
8. Next stage is regarding filling up the corresponding Parts by the HOI. Upon satisfaction, and when no defect can be found in the respective Parts, as submitted by the employee, the HOI shall proceed to fill up the comprehensive form Part-‘C’, Part-‘D’ and Part-‘E’, of the application. Thereafter, necessary steps shall be taken to complete the Service Book in all aspect. The next stage is of submission of the forms. On completion
AI
Pension is a constitutional right, and procedural defects should not prevent its disbursement unless fraud is proven.
A pension is a right under constitutional law, and its claim can be waived if alternative benefits are accepted, as evidenced in this case by the employee's adoption of the EPF Scheme.
Rule 43(a) of the Pension Rules is not applicable to cases where the misconduct in question occurred while the petitioner was in service and departmental proceedings had already been initiated agains....
An employee cannot be denied pension benefits on higher wages due to an employer's failure to produce specific forms (like Form 6A) if the existence of the contribution and the joint option can be su....
The factual scenario of the pensioner not actually drawing the pension amounts after its sanction, may not arise at all after the dramatic change of the very methodology of disbursal and release of p....
Pension rights are deemed property under constitutional law, thus cannot be arbitrarily denied or withheld.
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