Mrityunjoy Bera vs State Of West Bengal And Others

Rajasekhar Mantha, J

By an order dated 29.01.2018 the Co-ordinate Bench of this Court directed to disburse the provisional pension to the petitioner in view of the fact that

there was a criminal proceeding pending against him.

It is submitted by the counsel for the petitioner that the said order has not been complied with till date.

W. P. No. 29133(W) of 2015 has been filed to allow the petitioner to join the school. Since the petitioner has thereafter superannuated from service,

W. P. No. 29639(W) of 2017 has been filed.

The petitioner is aggrieved by an order dated 19th May, 2017 wherein it is recorded that excess salary for 14th May, 2011 to 31st July, 2012 has been

disbursed to the petitioner and the same is liable to be recovered.

The petitioner would argue that in view of political disturbances in the area, he was prevented from joining the school. He also submits that he was

accompanied by the local police on particular day, despite whereof, he was unable to join the school.

Counsel for the State and the West Bengal District Primary School Council, Paschim Medinipur do not admit the aforesaid allegations. No affidavits

have been filed till date.

Admittedly, there is a criminal proceeding pending against the petitioner in which the charge sheet has been filed under Sections 302/301 read with

Section 34 of the Indian Penal Code as also Sections 25 and 27 of the Arms Act.

The petitioner was in custody for more than 2 months.

He was, therefore, liable to automatic suspension.

Without prejudice to the rights and contentions of the State as well as the District Primary School Council, Paschim Medinipur to impose major penalty

with regard to his service consequent upon any conviction in the criminal proceeding, provisional pension shall be released to the petitioner by the D.I.

of Schools as already ordered by the Co-ordinate Bench on 29.01.2018. The said order is confirmed.

Insofar as the others, gratuity and leave encashment, the petitioner undertakes before this Court not to claim the same from the respondents and also

undertakes to authorize the respondents to adjust the same towards excess disbursement made to the petitioner for the periods he has not worked.

Let the District Primary School Council process the provisional pension by taking length of service of the petitioner from the date of first engagement

till May 14, 2011 and his last drawn salary as on May 14, 2011 and forward the same to the Director of Pension and Provident Fund and Group

Insurance of the State within a period of one month from date. The said Director of Pension and Provident Fund and Group Insurance of the State

shall within a period of 15 days thereafter release the provisional pension to the petitioner as shall be recommended by the District Primary School

Council, Paschim Medinipur.

Since the petitioner is starving, the concerned respondents shall act with expedition and urgency.

This Court records the appreciation for the effort put in by Mr. Arka Maity, learned Advocate in conducting the case on behalf of the petitioner.

With the aforesaid observations, two writ petitions are disposed of.

In view of the disposal of the main writ petitions, connected application being CAN 11547 of 2019 is also disposed of.

There shall, however, be no order as to costs.

Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.