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 discrepancies.

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 dated July 31, 2017; to allow him pensionary benefits including gratuity with interest. Before discussing the grounds taken by the petitioner and the counter argument of the respondent school, the factual background of the case may be narrated in a nutshell which is as follows:-

2. February 28, 2017 is the date of retirement of the writ petitioner. Let the pre-retirement factual aspects be narrated first. The petitioner was appointed in a school at South 24 Paraganas district where he worked as the Assistant Teacher from September 10, 1981 to April 02, 1996. With effect from April 03, 1996, the petitioner was promoted and appointed on transfer as the Headmaster in Bikrampur High School, Paschim Medinipur. Pension Payment Order was issued in favour of the petitioner vide memo dated February 08, 2017. On June 19, 2015 the accounts of the school were placed before and accepted by the Managing Committee of the school. The assets and liabilities of the school were disclosed and handed over to a newly constituted Managing Committee on June 22, 2015. In a meeting dated November 24, 2015, the Managing Committee decided that the Headmaster/writ petitioner should submit the pension papers.

3. The petitioner has stated in the writ petition that the 'Finance Sub Committee' of the school resolved and accepted the accounts furnished, in its meetings dated August 28, 2016 and September 29, 2016. Similarly, accounts of “sinking fund” from June, 2015 to August 31, 2016 was submitted before the committee and accepted on December 03, 2016. The Managing Committee formed a sub-committee to complete the accounts.

4. In the year of retirement of the writ petitioner that is, 2017 the Finance Sub-Committee again met on February 18, 2017 that is, 10 days prior to retirement of the writ petitioner. On the said date before the said committee the petitioner produced the accounts of the school which was accepted by the Finance Sub- Committee as satisfactory. Thereafter, on the date of retirement that is, February 28, 2017, the petitioner had made over charge of the assets, liabilities and existing fund of the school to the Teacher-in-charge, in presence of the members of the Managing Committee. The petitioner has stated in the writ petition that a resolution to that effect was drawn on that date, expressing satisfaction. The petitioner has stated that after making over charge of all assets, liabilities and accounts to the satisfaction of the members of the Managing Committee, he has been released from duty vide the letter of the President dated February 28, 2017, duly countersigned by the respondent No. 4/the District Inspector of Schools, Secondary Education, Paschim Medinipur (hereinafter referred to as “the D.I.”). On or about March 08, 2017, the petitioner submitted before the Teac