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IN THE HIGH COURT AT CALCUTTA
TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Mohan Kumar Halder – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
TAPABRATA CHAKRABORTY, J.
1. The present writ petition has been preferred challenging, inter alia, an order dated 19.02.2024 passed by the learned Tribunal in the original application (in short OA), being OA 69 of 2023. By the said order, the learned Tribunal directed the respondents to consider the petitioner’s claim for condonation of the deficiency in qualifying service and for disbursement of pension.
2. Shorn of unnecessary details, the facts are that the petitioner was provisionally selected for appointment to the post of Excise Constable on the basis of the recommendation of the Recruitment Committee under the respondent no. 8 herein, vide a memo dated 04.04.1995 but he was not appointed to the said post due to pendency of a criminal proceeding against him. After he was exonerated from the said proceedings by the competent criminal court, he submitted a representation for appointment to the concerned post. As his claim was not considered, he preferred OA 1468 of 2006 which was disposed of by an order dated 15.06.2006 directing the competent authority to consider his claim. The respondent no. 8 thereafter passed an order dated 07.01.2009, rejecting the petitioner’s cl
Employee rights to pension are upheld irrespective of administrative delays, emphasizing that such entitlement is a matter of recht.
Resignation from a government service entails forfeiture of past service unless specified conditions are met; previous service cannot be counted for pension post-resignation.
Ex-servicemen nominees must be appointed within 15 days per government instructions; authority delays deem appointment effective from that date, counting as qualifying service for pension.
No right to change compassionate appointment from daily wage Class-IV to Class-III post after policy-compliant acceptance; barred by unchallenged policy, lack of parity with regular employee dependen....
A pragmatic approach is essential in condoning delays in pension claims, prioritizing substantial justice over strict adherence to procedural timelines.
The court established that administrative errors should not deprive an employee of pension benefits, emphasizing the importance of proper management of service records.
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