Pensions are statutory rights requiring prompt payment to retirees; administrative delays violate principles of justice and dignity.

JUDGMENT :

Gaurang Kanth, J. 

1. At the very outset, this Court records its deep anguish and serious concern over the wholly unjustified and prolonged delay in the disbursement of pensionary benefits to the Petitioner, a retired Group-D employee who has served the Respondent authority with 35 years of unblemished and dedicated service. Despite the lapse of 23 months since his superannuation, the Respondents have failed to release his lawful retiral dues, citing vague administrative lapses without offering any cogent explanation. The Petitioner, left with no other recourse, has been compelled to approach this Court for the enforcement of his rightful entitlements. Such inaction is not merely a lapse in governance but a grave dereliction of statutory duty, amounting to a denial of the Petitioner's vested and enforceable rights. It is reiterated that pension is not a matter of generosity but a constitutionally and statutorily protected right. Delay in its disbursement, especially to employees who have served in the lowest rungs of public administration, is antithetical to the principles of justice, equity, and good governance.

2. With the above sentiments duly noted, this Court shall now proceed to consider and determine the merits of the present writ petition.

Submission on behalf of the Petitioner

3. It is the case of the Petitioner that he was initially engaged as a casual worker in the Respondent Municipality in the year 1981. He was assigned the job of Group D post of ‘Mathor’ for cleaning the public drain within the jurisdiction of Municipality. The services of the Petitioner, in the capacity of Group-D employee were formally confirmed on 01.11.1988. A service book was prepared in his name, akin to those of other similarly circumstanced employees, and he was extended all service-related benefits, including those under the Assured Career Progression (ACP) scheme.

4. Prior to his superannuation, vide letter dated 06.01.2023, the Chairman of the Respondent Municipality informed the Petitioner that he would retire from service with effect from 31.08.2023 and was accordingly advised to approach the Establishment Section through the Health Department of the Municipality for facilitation of the pension sanction process. By way of the same communication, the Petitioner was directed to furnish his appointment letter, joining report, educational/technical qualification certificates, and birth certificate. The Petitioner, vide communication dated 22.08.2023, informed the Chairman of the Respondent Municipality that he was not in possession of the aforementioned documents. He stated that no appointment letter had been issued to him or to the similarly placed individuals. The joining report is in the custody of the Respondent Municipality.

5. The Petitioner superannuated from service on 31.08.2023. However, due to discrepancies and mismatch in the designation of the post held by the Petitioner, no pension has been sanctioned in his favour to date. The Petitioner, having rendered over 35 years of unblemished service, has approached this Court by way of the present Writ Petition, seeking appropriate relief.

6. The Petitioner vide letter dated 02.11.2023 requested the Respondent Municipality to take steps for the release of the monthly pension and other retiral dues to the Petitioner. The Respondent Municipality vide letter dated 30.01.2024 informed the Petitioner that the profile of the Petitioner has not been approved by the Director of Local Bodies, West Bengal. Unless it is approved by the Director of Local Bodies, West Bengal his document cannot be uploaded to Integrated Online Salary Management System (i-OSMS). Further, Director, DPPG informed the Respondent Municipality that they will not receive any hard copy of the files due to the introduction of