State of West Bengal vs Ashok Kumar Maiti

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Cal) 1336

DEBANGSU BASAK, MD. SHABBAR RASHIDI
State of West Bengal – Appellant
Versus
Ashok Kumar Maiti – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr. Tapan Kumar Mukherjee, AGP Mr. Pinaki Dhole, Adv., Mr. Somnath Naskar, Adv.
For the Respondent: Mr. Bikash Ranjan Bhattacharyya, Sr. Adv., Mr. Samim Ahammed, Adv., Mr. Arka Maiti, Adv.

JUDGMENT :

DEBANGSU BASAK, J.

1. State has assailed an order dated January 3, 2017 passed by the West Bengal Administrative Tribunal in OA 346 of 2015.

2. By the impugned order, the Tribunal has held that, right to retire voluntarily from service accrues immediately on fulfilment of the preconditions laid down for such purpose under Rule 75 of the West Bengal Service Rules Part I, 1971 before the insertion of new Sub-Rule 75 (aaaa) therein. It has held that, as and when the incumbent serves notice on the authorities expressing his desire to voluntarily retire from service, it is a step taken to enforce the right that had already accrued to him. The tribunal has held that, incumbents who fulfilled the preconditions laid down for such purpose in Sub-Rule 75 (aaa) of the Rules of 1971 before the date of insertion of the new subrule 75 (aaaa), the right to voluntarily retire from service had already accrued to them and therefore, irrespective of whether or not they have submitted notice for voluntary retirement prior to the date of insertion of the new subrule, they shall have the right to voluntarily retire from service in accordance with subrule 75 (aaa) of the rules of 1971 and that th

Click Here to Read the rest of this document