New Delhi, Feb 19 (NationPress) The Supreme Court has ordered the West Bengal government to pay Rs 10 lakh in costs to a former employee who retired in 2007 and still has not received his retiral dues after 18 years, only receiving a provisional pension.

“Upon review, 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, which had permitted the petition filed by the respondent and had annulled the disciplinary proceedings while further directing the release of all dues to the respondent, who had since retired,” stated a bench of Justices Vikram Nath and Sandeep Mehta.

The apex court examined the merits of the case despite the West Bengal government filing the special leave petition with a considerable delay of 391 days and providing no satisfactory explanation for the delay.

In 1994, the respondent (employee) was cleared after the disciplinary inquiry concluded. However, a show cause notice was issued in 1997 proposing punishment contrary to the Enquiry Officer's findings at the request of the vigilance department, but no further actions were taken regarding the show cause notice.

Thirteen years later, a second show cause notice was issued in June 2010 for the same issue, for which disciplinary proceedings were initiated back in 1989 with a show cause notice issued in 1997.

The respondent appealed to the Tribunal against the show cause notice, which resolved the matter by instructing the employer to reach a final decision regarding the disciplinary proceedings. Dissatisfied with this, the respondent filed a writ petition before the jurisdictional High Court, which was granted.

“Considering the circumstances, it is unfortunate that the individual who retired in 2007 has still not been compensated his retiral dues even after 18 years and is only receiving a provisional pension,” remarked the top court.

By imposing costs of Rs 10 lakh, it mandated the West Bengal government to settle all outstanding retiral dues within four weeks.

“We reject these petitions submitted by the State of West Bengal on the basis of delay as well as on merits and also impose costs of Rs 10,00,000/- (Rupees Ten Lakh only), to be paid to the respondent within four weeks from today. Additionally, all pending retiral dues must be paid within the same timeframe,” it stated in its order.