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RAI CHATTOPADHYAY
Mahadeb Bhattacharya – Appellant
Versus
State of West Bengal – Respondent
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 t
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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