Judgment · High Court · 2012

the needful. Mr. G. Baishya, learned standing counsel, Accountant General, Assam submits that once the pension papers are received, the respondent No. 2 would be in a positi on to release the pensionary dues to the petitioner within a period of 45 days t hereafter. In view of the submissions made by the learned counsel for the parties, the cont roversy in question has considerably narrowed down. In the absence of any depart mental proceeding, whether concluded or pending, I am of the view that the decis ion of the Registrar of Cooperative Societies to deduct the aforesaid amount of Rs. 68,667/- from the gratuity amount of the petitioner cannot be sustained, mor e so after the acquittal by the criminal Court. Accordingly the direction of th e Registrar of Co-operative Societies, Assam to deduct the aforesaid amount as c ontained in the order dated 28-08-2007 is set aside and quashed. As has been noticed above, the petitioner had retired from service on attaining the age of superannuation way back on 31-10-2004 and eight long years have gone by without finalisation of the regular pension. Mr. Bhowmik, learned counsel for the petitioner points out that only provisional pension amount for a period of one year from 01-11-2004 to 31-10-2005 and provisional gratuity minus the afores aid amount has been paid to the petitioner. Time and again, the Courts have held that pension is a valuable right and proper ty of an employee and that there should be no delay in the release of pension. I t is not a bounty to be disbursed to the employee at the convenience of the empl oyer. In the instant case, there has been an inordinate delay in the release of the retirement dues of the petitioner which is without any justification. Upon hearing the learned counsel for the parties and on perusal of the materials on record, this writ petition is allowed by directing the Registrar of Co-opera tive Societies, Assam to immediately release to the petitioner the full gratuity amount, including the amount of Rs. 68,667/- which is part of the gratuity amou nt due to the petitioner and to transmit the pension papers of the petitioner to the Office of the Accountant General, Assam. This shall be done within a period of 30(thirty) days from today. Thereafter, the office of the Accountant General , Assam shall finalise the pension proposal of the petitioner and release the pe nsionary dues, including the arrear amount within a period of 45 days thereafter . Once the arrear amount is paid, the petitioner would be paid his current pensi on amount regularly. No cost.