Sahidullah Munshi, J. - (1.) This writ petition is directed against a purported refusal of the respondent no.5, the District Inspector of Schools (S.E.), Malda, to issue clearance certificate for drawing pension and other retirement benefits of the petitioner despite receiving No Liability Certificate from the school authority and despite the fact that the Pension Payment Order (hereinafter referred to as P.P.O.) from the respondent no.3, Director of Pension Provident Fund and Group Insurance (Branch Office) has already been issued.
(2.) In the writ petition following case has been made out:- (a) The petitioner was appointed as an Assistant Teacher at Malda Model Madrasah (H.S.), in the Town of Malda in the year 1982 and, thereafter he was appointed in the post of Assistant Headmaster on and from 1st October, 1996. His such appointment was approved by the concerned authority. (b) Subsequently, the petitioner was appointed in the post of Headmaster of the said Madrasah wherefrom he was superannuated on and from 31st January, 2016. (c) The petitioner duly filled up his pension booklet and submitted the same to the appropriate authority much prior to his retirement and according to him, he duly discharged all his formalities in time to avail the pensionary benefits including gratuity, provident fund and/or commuted value of pension as per provision laid down in the Government orders. (d) The Secretary of the Madrasah also duly forwarded the application together with all relevant papers of the petitioner for final withdrawal of provident fund money with interest vide Memo No.MM-29/2015 dated 10th December, 2015. (e) The petitioner's name was deleted from the list of teachers' monthly salary details for the month of December, 2015 in online salary management system and after he came to know the said fact he wrote letters to the respondent no.5, District Inspector of Schools (S.E.), Malda to insert his name for the month of December, 2015 in the online salary management system, but to no effect for the reasons best known to the said respondent no.5. (f) The petitioner retired from the post of Headmaster of the Madrasah on 31st January, 2016 upon attaining the age of superannuation and the respondent no.7, the Managing Committee, Malda Model Madrasah (H.S.), issued No Liability Certificate in favour of the petitioner. (g) Upon verification of the petitioner's service records P.P.O. has been issued by the respondent no.3, the Director of Pension, Provident Fund and Group Insurance (Branch Office) vide Memo No. U/S/00161/020/2016 dated 1st February, 2016 thereby sanctioning the amount of pension, gratuity and commuted value of the pension payable to the petitioner. (h) Immediately after receiving the P.P.O. petitioner duly appeared before the concerned Treasury Officer and, ultimately, the petitioner submitted original No Liability Certificate together with a copy of the P.P.O. in the office of the respondent no.5, District Inspector of Schools (S.E.), Malda on 11th February, 2016 to obtain the clearance certificate for drawing pension, but the same was not done.
(3.) Arrear salaries, provident fund money, pensionary benefits including gratuity are the property of the petitioner. The respondent no.5 is the drawing and disbursing officer of grant-in-aid of the Madrasah in question and being pension sanctioning authority he was under obligation to release arrear salaries, provident fund along with other retirement benefits. The petitioner is deprived as the respondent/District Inspector of Schools (S.E.), Malda, has withheld the above-mentioned payments and the same is violative of the provisions of the pension scheme.;