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1995 Supreme(SC) 727

B.L.HANSARIA, K.RAMASWAMY
State Of W. B. – Appellant
Versus
Gopal Chandra Paul – Respondent


Advocates:
A.K.SEN GUPTA, G.S.CHATTERJEE, H.K.PURI, TAPAS RAY, V.B.JOSHI, V.R.REDDY

Judgement

K. RAMASWAMY, J. :- Leave granted.

2. Shorn off procedural wrangles, the core question in these appeals is whether the superannuation at the age of 60 years available to the teaching staff of the Government Schools of the Education Department of West Bengal would stand extended to the inspecting staff of the said Department. The learned single Judge and Division Bench reached their decision on inter-transferability at some stage of the teaching staff and the inspecting staff, which position was not accepted by the State and held that the inspecting staff would stand on parity with the teaching staff and thereby the benefit of superannuation of 60 years would be applicable to the inspecting staff. Rule 75 of the West Bengal Service Rules-Part 1 (for short the Rules) in Chapter X provides superannuation of the Government employees other than a members of the Group `D (Class-IV) service who shall retire from service compulsorily with effect from the afternoon of the last date of the month in which the employee attains the age of 58 years. The second proviso thereto adumbrates an exception that "provided further that the age for retirement as prescribed in this Rule shall not b
























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