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DEBANGSU BASAK, MD. SHABBAR RASHIDI
Renuka Mali – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. Review applicant seeks review of the order dated August 25, 2023 by which WP.ST 149 of 2019 was disposed of.
2. Learned advocate appearing for the review applicant submits that, the review applicant was granted compassionate appointment on October 1, 1999. Review applicant superannuated in 2007. Review applicant was entitled to compassionate appointment much prior to 1999 and, therefore, review applicant was entitled to notional benefit at least from 1995. On grant such notional benefit, review applicant will come within the zone of consideration for pension, which she was denied due to her inadequate period of service, counting the period of her service from October 1999 till her superannuation in 2007.
3. Learned advocate appearing for the review applicant submits that, the learned Tribunal erred in not considering the fact, that non-grant of the pension was a continuing wrong and that the original application before the Tribunal was not barred by limitation. He relies upon (1995) 5 SCC 628 (M.R. Gupta vs. Union of India & Ors.), (2008) 8 SCC 648 (Union of India & Ors. vs. Tarsem Singh) and (1996) 8 SCC 637 (Pilla Sitaram Patrudu & Ors. vs. Union of I
The court emphasized the importance of the review applicant's awareness of her rights and the concept of continuing wrong in the context of entitlement to pensionary benefits. The court also highligh....
The main legal point established in the judgment is the application of the doctrine of delay and laches in service-related disputes, emphasizing the importance of timely pursuit of claims and the exc....
Point of Law : If extrapolated or applied to the factual matrix of present case would have the effect of restricting claim for pension, if otherwise sustainable in law, to three years previous to whe....
The court emphasized that the power of review is limited to correcting errors apparent on the record and cannot be used to revisit settled issues or arguments.
Non-pensionable prior military service not countable for pension under Railway Pension Rules 1993 for post-2004 NPS appointees; Rule 34 inapplicable without prior pension receipt; claim barred by 11-....
Pension claims are recurring rights; dismissal on limitation grounds is improper when a continuing wrong is involved, permitting evaluation on merits.
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