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IN THE HIGH COURT AT CALCUTTA
Rai Chattopadhyay, J, RAI CHATTOPADHYAY
Gopal Chandra Patra – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. right to pension and liability after retirement. (Para 1 , 2 , 3 , 4) |
| 2. school authority's claims and issues regarding accounts. (Para 5 , 6 , 7 , 8 , 10) |
| 3. legal argument supporting pension entitlement. (Para 12 , 13 , 14) |
| 4. availability of provisions for provisional pension. (Para 16 , 18 , 19) |
| 5. res judicata and previous grievances. (Para 20 , 21 , 22) |
| 6. analysis of alleged defalcation and audit findings. (Para 23 , 24 , 25 , 26) |
| 7. application of dcrb scheme provisions regarding pension. (Para 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 8. court's directive on issuance of provisional pension. (Para 35 , 36) |
| 9. final order and disposal of writ petition. (Para 37 , 38) |
JUDGMENT :
Rai Chattopadhyay, J.
1. The writ petitioner is a retired Headmaster of the school namely, Bikrampur High School (H.S.). He is aggrieved for the reason that the school authority in order to enable him to draw pension after retirement, has not issued a “No Liability Certificate”, in his favour. Hence, he has filed the instant writ petition to seek relief inter alia that the “No Liability Certificate” be immediately issued by the school authority; to set aside the letter of the school authority dat
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.
Fraud vitiates entitlement to pensionary benefits under the Government Resolution dated 05.02.1980.
The main legal point established in the judgment is the violation of DCRB guidelines by the respondent No.3, leading to the delay in processing the petitioner's retiral benefits, and the court's dire....
A judicial proceeding must have a nexus with the employee's employment to disentitle the employee from receiving pensionary benefits.
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