SC Dismissed a Delayed & Baseless Petition Against Employee’s Retiral Due
PTI, New Delhi, February 20, 2025 : The Supreme Court has pulled up the West Bengal government for not paying retirement dues to a man for 18 years and said it had filed a “frivolous” plea while imposing costs of Rs 10 lakh. A bench of Justices Vikram Nath and Sandeep Mehta dismissed a plea filed by the state government against an order of the Calcutta High Court.
“We dismiss these petitions filed by the state of West Bengal on the ground of delay as well as on merits and also impose costs of Rs 10 lakh, to be paid to the respondent within four weeks from today,” the bench said.
The bench observed it considered the case on merits despite the plea being filed with a “substantial delay of 391 days” and no satisfactory explanation was given by the state. “Upon perusal, we find that this is a completely frivolous and vexatious petition filed by the state of West Bengal challenging the order of the high court…,” the bench said in an order on February 14.
The high court had quashed the disciplinary proceedings against the man, who retired in 2007, and directed the release of all the dues to him.
The bench observed it was “unfortunate” that the dues were still not paid to the man and he only received a provisional pension even after 18 years of his retirement.
The top court ordered that all the pending dues should be paid within four weeks.
It came on record that a disciplinary enquiry was conducted against the man, but he was exonerated in 1994.
A showcause notice however was issued in 1997 proposing punishment against him, disagreeing with the finding of the enquiry officer at the instance of vigilance department. The man tendered his reply to the showcause notice in 1997, the bench said, and no further action was taken on the notice.
“However, 13 years later, after the retirement of the respondent in the year 2007, and three years thereafter in the year 2010, a second showcause notice was issued on June 22, 2010 for the same cause for which disciplinary proceedings were earlier initiated in 1989 and show cause notice was issued in 1997,” said the bench.
Agencies: 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.
Yash Mittal, Live Law, 19 Feb 2025 : The Supreme Court recently imposed ₹10 Lakh cost on the State of West Bengal for filing a delayed and baseless petition against an employee’s rightful retiral dues, which had remained unpaid for 18 years. The cost was directed to be paid to the retired employee(respondent in the case).
A bench comprising Justices Vikram Nath and Sandeep Mehta heard the case involving a retired employee who had not received his retiral dues since his retirement in 2007. The Appellant-State of West Bengal had filed a petition challenging the Calcutta High Court’s decision, which had quashed the disciplinary proceedings against the respondent and directed the state to release his long-pending retiral dues.
The respondent’s ordeal began in 1989 when disciplinary proceedings were initiated against him. He was exonerated in 1994. However, in 1997, a show cause notice proposing punishment was issued. The respondent replied, but no further action was taken. Then, thirteen years later, in 2010—three years after his retirement in 2007—the state issued a second show cause notice for the same alleged misconduct.
Challenging this notice, the respondent took the matter to the Calcutta High Court, which ultimately ruled in his favor by quashing the disciplinary proceedings and directing the State to release his retiral dues. The State then appealed this decision to the Supreme Court with a substantial delay of 391 days.
At the outset, the Court expressed dismay over the State’s action to revive the disciplinary proceedings years after an employee’s retirement, especially on the same grounds as previously concluded inquiries.
“Taking note of the facts, as recorded above, it is unfortunate that the person, who was retired in 2007 even after 18 years has still not been paid his retiral dues and is only getting provisional pension.”, the court observed.
“In the above facts of the case, we dismiss these petitions filed by the State of West Bengal on the ground of delay as well as on merits and also impose costs of Rs.10,00,000/- (Rupees Ten Lakhs only), to be paid to the respondent within four weeks from today. Further all the pending retiral dues be paid within the same time.”, the court added.
