A retired employee exonerated from disciplinary proceedings is entitled to full payment of withheld benefits, including salary, pension, and related benefits from the employer.

JUDGMENT

1. By means of filing the instant writ petition, the petitioner has prayed for the following reliefs:

'I) ISSUE RULE, calling upon the respondents and each one of them, to show cause as to why a writ of Mandamus or in the nature thereof shall not be issued thereby directing the Respondents to make full and final payment of the arrears of salary of the petitioner by way of salary upgradation in terms of ACP-III as well as held up promotion with retrospective effect along with prevailing market rate of interest at par his similarly situated colleagues;

II) ISSUE RULE, calling upon the respondents and each one of them, to show cause as to why a writ of Mandamus, and/ or in the nature thereof, directing the Respondents to make payment of the Special Pay i.e. the 13th month salary to the petitioner which had been forcefully taken back from the petitioner by way of challan dated 05.09.2014;

III) ISSUE RULE, calling upon the respondents and each one of them, to show cause as to why a writ of Mandamus, and/or in the nature thereof, directing the respondents to recalculate and refix the pension, gratuity, leave encashment, provident fund, commutation of pension along with other retiral benefits of the petitioner in terms of the salary upgradation of the petitioner on account of ACP-III and held up promotion and make the full and final payment thereof;

IV) ISSUE RULE, calling upon the respondents and each one of them, to show cause as to why a writ of mandamus or in the nature thereof shall not be issued thereby directing the respondents, to make payment of statutory interest along with market rate of interest on the paid amount of gratuity, leave encashment salary, commutation of pension and regular pension;

V) ISSUE RULE, calling upon the respondents and each one of them, to show cause as to why a writ of Mandamus or in the nature thereof shall not be issued thereby directing the respondents, to make full and final payment of pension after giving the financial benefit of 2.25 as per ROP 2017 w.e.f. 01.04.2017, 2.57 as per ROP 2018 w.e.f. 01.10.2018 and an increase of 3% D.A w.e.f. 01.04.2021 in calculating his pension;

VI) CALL FOR THE RECORDS appertaining to this petition.

VII) COSTS of and incidental to this proceeding;

VIII) Any other RELIEF(s) as to this Hon'ble High Court may deem fit and proper;'

2. The facts and circumstances of the present case may be narrated herein below:

3. The petitioner is a retired Government employee. He retired on 31.12.2015. A disciplinary proceeding was initiated against him under memo dated 27.08.2011. Due to such proceeding he was not given any promotion and further the benefit of ACP-III was also not allowed to him. Even after his retirement, payment of gratuity and other service benefits were kept withheld.

4. After his retirement in the year 2020, the petitioner had filed a writ petition which was registered as WP(C) No. 521 of 2020. While disposing of the said writ petition, this court had directed the respondent nos. 1 and 2 to complete the disciplinary proceeding within a period of six months from the date of the order.

5. Thereafter, after completing all formalities, the petitioner was informed that he was exonerated from all the articles of charges levelled against him. After such exoneration, the petitioner had filed representation claiming all the reliefs narrated here-in-above. But till today, the reliefs sought for by the petitioner have not been granted, compelling him to file the present writ petition.

6.I have heard Ms. R. Purkayastha, learned counsel for the petitioner. Also heard Mr. D. Bhattacharjee, learned G.A assisted by P. Saha, learned counsel appearing for the State-respondents as