Mohitosh Majumdar, J. - (1.) The writ application is directed against the withholding of pension and gratuity despite order being No. 9252-COT/Con-40/86 Estt dated September 2, 1987 issued by the Assistant Secretary to the Government of West Bengal, Cottage & Small Scale Industries Department, non-payment of T. A. bills submitted on the basis of Tour Diary duly approved by the joint Director, Industries (S.S.I.) Cottage Small Scale Industries, nonpayment of provident Fund despite orders passed by the Accountant General, West Bengal under memo No. Fund-IV/4520/FP/R/1186 dated November 4, 1987, illegal withholding of un-utilised Leave Salary for 182 days sanctioned by the Director, Cottage & Small Scale Industries Department, illegal withholding of claim under State Employees Group Insurance-cum-Savings Scheme, 1983 duly sanctioned vide order No 41 dated December 1, 1987 by the Director of Cottage & Small Scale Industries, non-consideration of application dated November 5, 1986 for commutation of 1/3rd Pension etc.
(2.) The facts of the case in brief are as follows: The petitioner at all material times was the General Manager, District Industries Centre, Darjeeling before the date of his retirement on the forenoon of July 31, 1986. Till the date of his retirement from service, the petitioner was neither charge-sheeted nor he was served with any show cause notice. The petitioner, before his retirement, submitted Travelling Allowance bills to the extent of Rs. 7656.32P towards travelling expenses for the period between September 1984 and May 1986. The petitioner made application for commutation of Pension on November 5,1986. the petitioner made several reminders for payment of retirement benefits and the pending T. A. Bills. By Memo No. 9252-COT(Estt)/Con-40/86 dated September 2, 1987 the Assistant Secretary, Cottage & Small Scale Industries Department informed the Director of Cottage & Small Industries, respondent No. 2 herein that the superannuation pension and gratuity be granted to the petitioner and arrangement for sanction of pecuniary benefits to the petitioner may be made. The said memo dated September 2, 1987 reads thus: "Sub : Allegation against Shri S. D. Ghosh, Ex-General Manager, District Industries Centre, Darjeeling grant of pensionary benefits to him-instruction regarding, lam directed to address you on the above subject and to say that this Department is of opinion that superannuation pension and gratuity may be granted to Shri S. D. Ghosh, Ex-General Manager, District Industries Centre, Darjeeling. 2. Arrangement may, therefore, be made for sanction of pecuniary benefits to Shri Ghosh at an early date. 3. Regarding withdrawal of proceedings against him on the basis of allegations received, further instructions of this Department will follow."
(3.) Despite the said memo issued by the Assistant Secretary, the respondent No. 2 did dot take any steps whatsoever for payment of the retirement benefits. The petitioner, by letter dated January 9, 1988 sent reminder to the respondent No. 2 but was not reply lo. The petitioner as informed by memo No. Fund-IV/IND/FP/D/662 dated November, 1987, the Accountant General, West Bengal informed the concerned authorities that the final payment of Provident fund amounting to Rs. 21,174/- has been issued in favour of the petitioner. The respondent No. 2 issued a memo being No. 578/Pension dated November 17, 1987 Inter ilia, directing that the petitioner is entitled to 182 days leave and the 3eneral Manager, District Industries Centre, Darjeeling was asked to dispose of the same. The Respondent No. 2 issued another memo No. 41 dated December 1, 1987 to the following effect : "Subject: Claims under the West Bengal State Government Employees Group Insurance-cum-Savings Scheme 1983 claim due to cessation of employment on retirement or for reasons other than death of S. D. Ghosh at the time of cessation, General Manager, DIC, Darjeeling Office Directorate of Cottage & Small Scale Industries, W. Bengal. In terms of the power vested under para 11.1 of the West Bengal State Government Employees Group Insurance-cum-Savings Scheme, 1983 issued with Finance Department memo No. 2811(350)F dated 10 3.83 sanction is hereby accorded to a total sum of Rs. 800/- comprising of the amounts detailed below in final and full settlement of the instalments under the aforesaid scheme arising out of the retirement/cessation of employment for (reasons to be stated) of Shri S. D. Ghosh who was holding the post of General Manager, DIC, Darjeeling in the office of Directorate of Cottage & Small Scale Industries, W. Bengal. JUDGEMENT_59_LAWS(CAL)4_1991.html Sd. Director, 23.11.87 Cottage & Small Scale Industries West Bengal".;