Pension and retirement benefits are vested rights accrued from service; denial based on unapproved appointment contrary to established law and unjustified by factual evidence.

JUDGMENT :

Gaurang Kanth, J.

1. The Petitioner, through the present Writ Petition, seeks a direction upon Respondent No. 2 (Director, Local Bodies) and Respondent No. 4 (Chairman, Baidyabati Municipality) to approve his service profile in the IOSMS portal for the purpose of pay fixation and to release his final pension along with other retirement benefits. The Petitioner superannuated from service on 31.01.2022 while holding the post of Road Coolie under Baidyabati Municipality.

2. The facts giving rise to the present petition are as follows:

3. The father of the Petitioner was died on 13.08.1989 and hence the Petitioner was appointed as a Road Coolie on temporary basis w.e.f 25.09.1989 on compassionate ground against the said vacant post in the pay scale of 220-388/- with usual DA and other admissible allowances. The Petitioner continued in the said posts since 25.09.1989 till 31.01.2022 and was getting salary and other financial benefits as available to the permanent employees.

4. After serving for 36 years, the Chairperson of the Municipality, vide letter dated 08.11.2021, informed the Petitioner that, in terms of Section 58 of the West Bengal Municipal Act, 1993, he would superannuate on 31.01.2022. Accordingly, the Petitioner retired from service on that date. However, till date, neither pension nor other retirement dues have been released in his favour.

5. The Board of Administers of the Baidyabati Municipality, vide Memo No.3491/B-16 dated 21.02.2022, states that the service files of the Petitioner and his father has already verified by the DDLB, Burwan Division and accordingly all the pension papers along with service files of the petitioner and is in process to forward to DPPG for issuance of PPO. The Petitioner is granted ad-hoc pension @ Rs. 8500/- p.m.

6. The Chairman, Baidyabati Municipality vide letter dated 13.10.2023 forwarded the Petitioner’s service file to the Director, Local Bodies, for verification and fixation of pay.

7. Since his retirement on 31.01.2022, the Petitioner has received only his adhoc pension @ Rs. 8500/-. No other retirement benefits has been released to him till date. He accordingly submitted various representations including representation dated 03.09.2024 to the concerned authorities. However, no reply has been received yet. Aggrieved by the inaction and delay on part of the Respondents, the Petitioner has approached this Hon’ble Court through the present Writ Petition seeking appropriate reliefs.

8. An Affidavit-in-Opposition/Report has been filed on behalf of Respondent No. 2 (Director, Local Bodies), to which the Petitioner has filed his response. However, no Affidavit-in-Opposition has been filed on behalf of Respondent No. 4 (Chairman, Baidyabati Municipality).

Submission on behalf of the Petitioner

9. Learned Counsel for the Petitioner submits that the Petitioner has rendered 36 years of unblemished service with the Respondent Municipality. His initial appointment, subsequent pay enhancements, and all other service- related financial benefits were duly recorded in his service book, and verified from time to time by the Chairman of the Respondent Municipality and DDLB, Burwan Division. The Petitioner was appointed as a Road Coolie against a sanctioned and vacant post, and during his tenure, he continuously served in the said post, enjoying all service benefits akin to a regular and permanent employee of the Municipality.

10. Learned Counsel further submits that the Director of Local Bodies and the Commissioner, UDMA Department, vide Le