SUBHAS CHANDRA KARMAKAR Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) BY consent of the learned Counsel appearing for the petitioner, west Bengal Legislative Assembly and Accountant General, West Bengal, this writ petition is being taken up for final hearing at this stage.

(2.) IN course of hearing learned Counsel for the petitioner has confined his prayer for release of his retrial benefits. He alleges that his pension is being withheld because of his implication in two criminal cases. He submits that in one case being No. Sec`g'/dd/472/05 he has been discharged by the order of the Chief Metropolitan Magistrate, Calcutta dated 20th June 2008, a copy of which has been annexed at page 33 of the writ petition. As regards the other case, being G/r2454/05, is concerned, learned Counsel appearing for the petitioner submits that the same is pending for four years without filing of charge-sheet.

(3.) IT is submitted on behalf of the West Bengal legislative Assembly that the General Provident Fund dues and Group Insurance dues are composite dues. So far as the said dues under the heads of General 2 provident Fund and Group Insurance are concerned, the said sum has been duly paid. As regards the pensionary benefits, learned Counsel appearing for the accountant General, West Bengal submits that the Pension Payment Order had been issued on 14th July 2009. Under the Rules, he is entitled to receive two-third of the pension amount.