RAJESH BINDAL,J. - (1.)Order dated July 30, 2019 passed in CCP No.107 of 2017 by the West Bengal Administrative Tribunal (for short 'the Tribunal') is under challenge in the present petition.
(2.)The Contempt petition was filed before the Tribunal alleging non- compliance of the order dated June 8, 2017 passed in O.A. No.209 of 2017. In terms of the aforesaid order the Original Application filed by the petitioner was disposed of with a direction to the Director of Youth Service, Government of West Bengal to take decision on the representation of the petitioner in the light of the Rule 12 of West Bengal (Death-cum-Retirement Benefits) Rules, 1971 (for short 'the 1971 Rules').
(3.)Learned Counsel for the petitioner submitted that the Tribunal has committed error of jurisdiction while not entertaining the contempt petition bearing CCP No. 209 of 2017 filed by the petitioner as the order dated June 08, 2017 passed by the Tribunal had not been complied with. In terms of the aforesaid order direction was issued to the Director of Youth Service, Government of West Bengal to decide the claim of the petitioner for release of benefits in terms of the Rule 12 of the 1971 Rules. However, the Director had referred the matter to the learned Legal Remembrancer for guidance. The same was not in terms of the direction issued by the Tribunal. The Contempt Petition has been wrongly dismissed opining that the order stood complied with. It was a case of hardship. The provisions of Rule 12 of the 1971 Rules have not been properly appreciated. The petitioner has a family to support. Hence, he deserves to be granted pension.