An employer has a mandatory duty to timely process pension papers. A retiree cannot be denied terminal benefits due to service gaps caused by administrative deadlocks or departmental delays where no disciplinary action for misconduct was initiated against the employee.

JUDGMENT :

SOUMITRA SAIKIA, J.

Heard Md. M. U. Ahmed, learned counsel for the petitioner; also heard Mr. C. Boruah, learned Standing Counsel, AG, Mr. D. Upamanyu, learned Standing Counsel, Health Department.

2. The petitioner before this court is praying for a writ of mandamus, directing the respondents to regularize the service period of the petitioner, for a period from 07.03.2002 to 26.11.2007, and as to whether the consequential orders or directions should not be issued to the respondents. The release of the final pension of the petitioner as well as other terminal benefits including GPF, GIS, leave encashment certificate in view of unutilized earned leave, along with any unpaid pay or allowances of the petitioner for the aforementioned period.

3. The facts of the case in a nutshell is that the petitioner was serving as a government doctor, working as a Senior Medical and Health Officer at Nilambajar PHC. During his tenure, he was transferred and posted against the vacant post of Kalain CHC by way of transfer order dated 07.01.2002. The petitioner was not initially released, but subsequently released on 06.03.2002, and after that he proceeded to Kalain CHC to take charge in terms of the said transfer order. However, there was no vacancy available at Kalain CHC, and subsequently the order of the petitioner was modified by notification dated 19.03.2002, whereby the petitioner was transferred to Nilambazar PHC to Kalain CHC and one Dr. Badal Das, who was posted at Kalai CHC was transferred to Nilambazar PHC. After receiving the said notification dated 19.03.2002, when the petitioner again proceeded to join his duties, he was not permitted to take over charge as the officer who was supposed to relieve, namely Dr. Badal Das was on leave, and in a meanwhile obtained an order from this court, staying his transfer till his representation preferred before the Department was disposed of.

4. Consequent thereto, by order dated 17.04.2002 a notification was issued staying the transfer of Dr. Badal Das. This situation continued, and subsequently the petitioner was promoted to the post of Sub Divisional Medical and Health Officer by the notification dated 12.11.2007, and was posted at Lokhipur PHC, Cachar; and in the said notification his current place of posting was shown as Kalain CHC. Subsequently, he joined at Lakhipur CHC on 27.11.2007. He served under that Department, and subsequently the petitioner was superannuated on 31.05.2014 as a Deputy Superintendent of Kalain CHC. However, the pension papers pertaining to the petitioner have never been finalized on the ground that the period with effect from 07.03.2002 till 26.11.2007, during which period the petitioner was posted at Kalain CHC, and he could not join in the same post because of the orders passed by the High Court staying the transfer of the officer who was supposed to be relived at Kalain CHC, namely Dr. Badal Das and the subsequent modification of the transfer order itself by the Government. It is submitted that for no fault of the writ petitioner, his pensionary benefits have not been finalized.

5. After repeated representations before the Government, the petitioner has been granted provisional pension, but till date his pension has not been finalized on the ground that the period with effect from 07.03.2002 till 26.11.2007 has not yet been regularized by the appropriate Departments. The Administrative Department had sent the pension proposal to the Accountant General's Office, which ho