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2022 Supreme(Cal) 1312

HIRANMAY BHATTACHARYYA
Sukhendu Bhowmik – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner: Mr. J.C. Das, Mr. Binoy Kr. Das.
For the State : Mr. Tapan Kr. Mukherjee, Mr. Joyak Kr. Gupta.

JUDGMENT :

Hiranmay Bhattacharyya, J.

1. The petitioner has prayed for direction upon the respondents to grant pension in terms of the Memorandum no. 3942 dated September 3, 2009 upon a declaration that the clause in the said memo denying extension of benefits under the said memorandum to the Panchayat employees who have retired on or after the first day of January, 2006 but before the issuance of the said memorandum is ultra vires the Constitution of India. The petitioner has also challenged the order dated August 6, 2014 by virtue of which the claim of the petitioner for grant of pension was turned down by filing this writ petition.

2. Facts which are relevant for the purpose of disposal of this writ petition are as follows-

3. Petitioner was initially appointed in the post of Job Assistant on September 8, 1980 at Dasgram No.4 Gram Panchayat (for short “the Panchayat”) and subsequently he was promoted to the post of Secretary of the said Panchayat in the year 2006. He retired from service on superannuation on March 31, 2009 after rendering service for about 28 years and 6 months. The Government of West Bengal introduced a pension scheme for the Panchayat employees in the year 1985 an

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