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IN THE HIGH COURT AT CALCUTTA
GAURANG KANTH
Bhola Banshfore – Appellant
Versus
State Of West Bengal – Respondent
| Table of Content |
|---|
| 1. petitioner’s service history and retirement benefits. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. arguments supporting the petitioner's entitlement to retirement benefits. (Para 8 , 9 , 10 , 11 , 12) |
| 3. respondent's defenses regarding the status of the petitioner’s post. (Para 14 , 15 , 16 , 19) |
| 4. court's analysis on the validity of the petitioner’s appointment. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 5. court's ruling on pension rights. (Para 32 , 33 , 34) |
| 6. final orders of the court. (Para 35 , 36) |
JUDGMENT :
Gaurang Kanth, J.
1. The Petitioner, through the present Writ Petition, seeks a direction upon Respondent No. 2 (Director of Local Bodies) and Respondent No. 4 (Chairman, Baidyabati Municipality) to approve his service profile in the IOSMS portal for the purpose of pay fixation and to release his final pension along with other retirement benefits. The Petitioner superannuated from service on 30.11.2022 while holding the post of Road Coolie under Baidyabati Municipality.
2. The facts giving rise to the present petition are as follows:
3. The Petitioner was appointed as a Cleaner/Road Coolie by the Respondent Municipality pursuant to Resolution No. 8 dated
Pension and retirement benefits are vested rights that cannot be arbitrarily denied, and delay in their release undermines the dignity of retired employees.
Pension and retirement benefits are vested rights accrued from service; denial based on unapproved appointment contrary to established law and unjustified by factual evidence.
Long-serving employees are entitled to equitable treatment in securing retirement benefits, and technical barriers should not hinder their rightful claims.
The withdrawal of a challenge to an appointment by the appointing authority and the subsequent approval of the appointment by the relevant authority validate the appointment and entitle the employee ....
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 right to receive pension is a property under Article 31(1) of the Constitution, and pension and gratuity are earned benefits, not mere bounties. The Court emphasized the importance of socio-econo....
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