Bimal Chakma vs Union Of India And 4 Others

T. Amarnath Goud, J

[1] Heard.

[2] The present petition has been filed under Article-226 of the Constitution of India for a direction to the respondents to pay pension to the petitioner w.e.f. 30th April, 2017 (AN) under the provision of Rule-48 (A) of CCS (Pension) Rule, 1972.

[3] The petitioner has prayed for the following reliefs:

i. Admit this writ petition.

ii. Issue writ in the nature of Mandamus calling upon the respondents to regularized the petitioner monthly pension w.e.f. 01.05.2017 (Voluntary retired on 30.04.2017) and to release arrear pension up to date and continue to pay the same as per pension rules as per laws together with interest within a period fixed by the Hon’ble Court.

iii. Pass any other relief/reliefs which your Lordships may deem fit and proper.”

[4] The facts in brief are that the petitioner took voluntary retirement from BSF w.e.f. 30.04.2017 and after acceptance of his retirement he was entitled to retirement benefit with encashment of EL and HPL due to him as per pension rules. The SBI Kolkata centralized pension processing centre forwarded the PPO to the pension paying bank to SBI, New Cooach Behar, respondent No.5. Inspite of repeated communications and the petitioner personally visiting the pension paying bank, his grievances regarding non-receipt of monthly pension for last 7 years has not been redressed.

[5] The petitioner found the respondents inactive in performing their statutory duties and the petitioner under compulsion to redress his grievances approaches before this Court for an appropriate direction by filing the present writ petition.

[6] In view of above and having heard the learned counsel appearing for the parties, without expressing any opinion on merits, this Court is of the view that ends of justice would be met if the matter is disposed of by directing the respondents No. 4 and 5 to consider the case of the petitioner in accordance with law as early as possible preferably within a period of two months from the date of the receipt of the copy of this order. Accordingly, the same is ordered. Further, it is made clear that whatever the decision is taken by the concerned respondents the same may be communicated to the petitioner.

[7] As such, the present petition stands disposed of. As a sequel, miscellaneous application, pending if any, shall stands closed.