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IN THE HIGH COURT AT CALCUTTA
GAURANG KANTH
Swapan Kumar Debnath – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. writ for mandamus seeking pension benefits. (Para 1 , 2 , 3) |
| 2. respondent’s arguments against regularization. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court’s reasoning supporting petitioner's benefits. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. order for regularization and pension disbursement. (Para 20) |
| 5. conclusion emphasizing state obligations. (Para 22 , 24 , 25) |
JUDGMENT :
GAURANG KANTH, J.
1. The Petitioner has preferred the present writ petition seeking issuance of a writ of Mandamus against the Respondents, directing them to regularize the services of the Petitioner and to release his retirement benefits, including monthly pension, upon issuance of the Pension Payment Order (PPO).
Submission on behalf of the Petitioner
2. The case of the Petitioner is that he was appointed as an Assistant in the Conservancy Department under Nabadwip Municipality by virtue of an appointment letter vide Memo No. 420/NM dated 29.06.1990, issued by the Chairman of the said Municipality, pursuant to Resolution No. 21 passed by the Board of Commissioners in their meeting dated 29.05.1990. Subsequently, vide Memo No. 755/64 dated 08.10.1993, the Chairman confirmed the Petitioner's se
Long-serving employees are entitled to equitable treatment in securing retirement benefits, and technical barriers should not hinder their rightful claims.
Pension and retirement benefits are vested rights accrued from service; denial based on unapproved appointment contrary to established law and unjustified by factual evidence.
Pension and retirement benefits are vested rights that cannot be arbitrarily denied, and delay in their release undermines the dignity of retired employees.
The court emphasized the importance of granting terminal benefits to the heirs of the deceased employee, despite the non-compliance of appointment rules.
The court affirmed that appointments made by municipalities under Section 53(4) of the West Bengal Municipal Act, 1993 do not require prior approval, thus entitling the appointed individual to pensio....
The court emphasized the principles of legitimate explanation and directed the 1st respondent to regularize the petitioner's service from the date of appointment by granting exemption, if any rule ha....
To pay the arrears of salary to the petitioner and other consequential benefits which are being paid to the regular employee. Such exercise shall be completed within four weeks from the date of recei....
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