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A Legacy Denied: An Honourable Man’s Unyielding Battle For Justice And Dignity

Salaries of two senior Babus in Bengal attached for withholding Group D employee’s pension

A Legacy Denied: An Honourable Man’s Unyielding Battle For Justice And Dignity

A Legacy Denied: An Honourable Man’s Unyielding Battle For Justice And Dignity
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26 Dec 2024 8:47 AM IST

The case left the Calcutta High Court judges appalled at the government’s lack of empathy. Despite multiple rulings in Chakraborty’s favour, the government’s defiance caused financial and emotional trauma on the family


In a stark example of bureaucratic apathy, the family of Kamal Chakraborty finally received the pension he was denied for 14 years, but only after the attachment of salaries of two secretaries in the Department of West Bengal Urban Development and Municipal Affairs (UDMA). Tragically, the pay-out came too late for the family as Chakraborty passed away during the prolonged legal battle.

Kamal Chakraborty served Kolkata Municipal Corporation for nearly 24 years as a low-paid Group D employee. After retiring in 2010, his pension claim was rejected due to a shortfall of just two months and 18 days in the required service period.

Citing a West Bengal government provision allowing condonation of minor service shortfalls, he approached the High Court's single bench. The court directed the Principal Secretary of UDMA to condone the shortfall, but the department rejected his claim again.

Chakraborty returned to the High Court, which unequivocally ordered the department to grant his pension. However, the department challenged the order in the division bench, which upheld the single bench ruling. In a further display of intransigence, the State Government escalated the matter to Supreme Court. The apex court also dismissed the government’s appeal, reinforcing Chakraborty’s entitlement.

The case mirrors the infamous RGKAR rape and murder case, where public funds were squandered on legal battles to protect accused individuals. Similarly, in Chakraborty's case, the government spent far more than the pension amount in resisting his claim.

Advocate Santi Das Bhowmik, who represented Chakraborty pro bono, lamented the government’s obstinacy. The issueless couple faced penury, with Chakraborty succumbing to the legal battle stress. After yet another contempt notice against the former and current UDMA secretaries failed to yield results, Justice Amrita Sinha of the Calcutta High Court ordered their personal appearance. When their assurances fell flat, Justice Sinha ordered the attachment of their salaries. A day after this action, the long-overdue pension amount of ₹12 lakh was credited to Chakraborty’s widow, Tapati Chakraborty.

When contacted by Bizz Buzz, she was inconsolable. “What is the use of the money now? My husband is gone and I am left alone,” she wept.

Advocate Das, too, was visibly emotional.

She said, “For 14 years, I fought to bring a smile to my client’s face. Now, I can only console a widow, who no longer wishes to live. Will the government be satisfied if she dies too, so that they can stop the pension altogether?”

The case left the Calcutta High Court judges appalled at the government’s lack of empathy. Despite multiple rulings in Chakraborty’s favour, the government’s defiance caused financial and emotional trauma on the family.

This tragic saga serves as a sombre reminder of the human cost of bureaucratic indifference and the pressing need for systemic reforms to ensure timely justice for citizens.

bureaucratic apathy pension denial legal battle for pension Calcutta High Court ruling government indifference 
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