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S. DATTA PURKAYASTHA
Nataraj Datta – Appellant
Versus
State of Tripura – Respondent
JUDGMENT AND ORDER
1. The petitioner, joined in the post of Research Officer [Engineering] under the Tripura State Council for Science & Technology [in short, the State Council], a society registered under the Societies Registration Act, 1860 in the Department of Science, Technology and Environment on 30.11.1987. He later on got promotion to the post of Principal Scientific Officer (Space Application) w.e.f. 21.11.2012 and ultimately retired from the service on 31.10.2019. As averred, when he was in service, the State Council in its meeting of Executive Committee passed resolution on 22.12.2015, that a Trust would be formed comprising of Joint Member Secretary of the State Council, Joint Director, Department of Science, Technology and Environment, Government of Tripura i.e. DDO & HOO of the State Council and the Accounts Officer to manage LICI Linked Defined Benefit Pension Scheme w.e.f. 01.01.2016.
2. Accordingly, a Deed of Trust was executed on 27.01.2016 between the State Council and the Joint Member Secretary of the State Council. Some terms and conditions of the said Trust relevant to the issues involved in this writ petition are highlighted below:
| *** | *** | ***** |
| Trust Ir | ||
The court established that a Deed of Variance cannot be applied retrospectively to deprive a retiree of benefits promised under an earlier Trust Deed.
Pension is a recognized right, and waiver of rights must be informed and conscious; prior undertakings do not negate rights established by subsequent regulations.
A statutory corporation cannot withhold the post-retirement benefits of its retired employees without providing them with an opportunity of hearing.
Pension is a valuable right protected under Article 300A of the Constitution, and cannot be denied without due process. Recovery from a deceased employee's benefits is unlawful without established li....
Pension is a property right that cannot be withheld without lawful authority; withholding based on proceedings initiated post-retirement is unlawful, and interest must be paid for delays in disbursem....
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