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HARISH TANDON, PRASENJIT BISWAS
Uday Kumar Pore – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
1. Both the authorities and the Tribunal have misinterpreted and misconstrued the relevant provisions in rejecting the claim of the petitioner, which on a meaningful reading conveys a different meaning than what has been accepted and assigned in the orders passed by the aforesaid authorities.
2. The petitioner was appointed to a regular/permanent post and attained superannuation with effect from 31st January, 2022. Since he rendered the services for a period of 9 years 9 months and 12 days, which is short of 10 years, he applied for the condonation of deficiency in service under Rule 36 of the West Bengal Services (Death cum Retirement Benefit) Rules 1971.
3. It is not in dispute that in order to be entitled to pension the minimum qualifying service to be rendered by such Government servant is 10 years, which is not disputed by the respective Counsels. The question involved in the aforesaid context is whether the power of the Government to condone the deficiency in service is unbridled or restricted or controlled by the note appended thereto.
4. The authority before whom the said representation was made applied the provisions contained in Rule 36 thereof, more particularly t
The purpose of condoning interruptions in service is to make an employee entitled to the pension by adding the days of service, not to enhance the pension.
Employee rights to pension are upheld irrespective of administrative delays, emphasizing that such entitlement is a matter of recht.
The purpose of condoning interruptions in service is to make an employee eligible for pension by adding the days of service, not to enhance the pension.
The central legal point established in the judgment is the importance of liberal construction of pensionary provisions as a social welfare measure, emphasizing the entitlement of government servants ....
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