ABDUL BARI KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner in the W.P.S.T. under Article 226 of the Constitution of India dated March 23, 2012 is questioning an order of West Bengal Administrative Tribunal dated December 21, 2011, which is quoted below: -

(2.) THE petitioner was working as Amin in the office of the Block Land and Land Reforms Office under the Land & Land Reforms Department of the Government of West Bengal. In connection with a criminal case he was arrested on March 7, 2010 by the policemen of Tehatta police station and on the following day, i.e. on February 8, 2010, he was released on bail.

(3.) DURING pendency of the criminal case the petitioner reached the age of superannuation and was superannuated on June 30, 2010. By a letter dated September 13, 2010 the competent authority directed that in view of the pendency of the criminal case, he should be granted interim allowance according to the provisions of rule 14 of the West Bengal Services (Death -cum -Retirement Benefit) Rules, 1971. Rule 14 of the rules is quoted below: -