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Judgment
Arindam Lodh, J
Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr. K. Nath, learned counsel appearing for the petitioner. Also heard Mr. B. Majumder, learned Asstt. SG appearing for respondent-Union of India and Mr. Anujit Dey, learned counsel appearing for the respondents-State.
Mr. Roy Barman, learned senior counsel has submitted that the petitioner retired from his service on 30.09.2020. Till today no retiral benefit including gratuity and leave encashment have been given to him.
Mr. Roy Barman has further submitted that a departmental proceeding was initiated against him during the tenure of his service, but, that departmental proceeding was dropped by the department itself. So, no departmental proceeding is pending at this stage. Pending of a criminal proceeding before any court of law will not prevent the petitioner from getting the retiral benefits since there is no disciplinary proceeding against the petitioner.
The State-respondents in para 16 of their counter-affidavit have stated that the petitioner after retirement from service was allowed provisional pension for 6(six) months. 3/4th of the total gratuity i.e. Rs.7,50,000/- was allowed to the petitioner including the following post retirement benefits:
a) Cash equivalent of Earned leave (Leave encashment)-50% of the total
b) GPF- 50% of the total
c) Group Insurance- 50 % of the total
In view of the observations made here-in-above, I direct the respondents to release all retiral benefits after adjusting the amount which has already been paid to the petitioner and it shall be paid within two months from today.
Needless to say that the gratuity amount with the interest @6% per annum for delayed payment be made to the petitioner.
With the aforesaid directions, the instant writ petition stands allowed and disposed.