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Supreme Court Orders West Bengal to Pay Rs 10 Lakh Compensation to Retired Employee for Delayed Pension

Retired Employee to Receive Rs 10 Lakh for 18-Year Pension Delay

The Mooknayak English

New Delhi – The Supreme Court has ordered the West Bengal government to pay Rs 10 lakh as compensation to a retired government employee who, despite retiring in 2007, has not received his full retirement benefits even after 18 years. The employee has only been receiving a provisional pension during this period.

A bench comprising Justices Vikram Nath and Sandeep Mehta criticized the state government for filing a "frivolous and vexatious" petition challenging a High Court ruling. The High Court had previously ruled in favor of the retired employee, quashing disciplinary proceedings against him and directing the release of all pending dues.

The Supreme Court examined the case on its merits, even though the West Bengal government had filed its special leave petition with a delay of 391 days, without providing a satisfactory explanation for the delay.

The case dates back to 1994 when the employee was cleared of charges following a disciplinary inquiry. However, in 1997, a show-cause notice was issued, proposing punishment despite the inquiry officer's findings. No further action was taken on this notice. Surprisingly, a second show-cause notice was issued in 2010, revisiting the same issue that had been initially raised in 1989.

The employee challenged the 2010 notice before a tribunal, which directed the employer to conclude the disciplinary proceedings. Dissatisfied with the tribunal's decision, the employee approached the High Court, which ruled in his favor.

The Supreme Court expressed dismay over the situation, noting that the employee, who retired in 2007, has yet to receive his full retirement benefits. The court stated, "It is unfortunate that even after 18 years, the retiree has not been paid his dues and is only receiving a provisional pension."

In its ruling, the court dismissed the West Bengal government's petition, citing both the delay and the lack of merit. It imposed a fine of Rs 10 lakh, to be paid to the employee within four weeks, and ordered the state to clear all pending retirement dues within the same period.

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