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IN THE HIGH COURT AT CALCUTTA
MADHURESH PRASAD, SUPRATIM BHATTACHARYA
Tapan Kumar Mondal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
MADHURESH PRASAD, J.
1. The petitioner was the applicant before the West Bengal Administrative Tribunal (Tribunal for short). He retired from service as a Work Assistant under the Public Works Department on 31.08.2021. He has served the Government for nine years eight months and twenty days. There was thus a short-fall of three months and ten days in the requisite qualifying service for the purposes of grant of benefit of pension. The petitioner sought relaxation of the qualifying service in terms of Rule 36 of the West Bengal Services (Death cum Retirement Benefit) Rules, 1971 (hereinafter referred to as the DCRB Rules). The same was disallowed on 14.07.2023 by a reasoned order passed by the Chief Engineer (Head Quarter) in terms of an earlier order passed in O.A. 667 of 2022. It is this order passed by the Chief Engineer which was the subject matter of consideration before the Tribunal in O.A. No. 613 of 2023 filed by the petitioner. The Tribunal taking note of the fact that the matter has been considered by the Chief Engineer and a reasoned order has been passed thereupon in consultation with the competent authority being the Finance Department, refused to interfere
Employee rights to pension are upheld irrespective of administrative delays, emphasizing that such entitlement is a matter of recht.
The delay in appointing the petitioner is solely attributable to the conduct of the respondent authorities, and the date of appointment should be treated notionally for computing the period of qualif....
The court upheld the Tribunal's authority to condone a service shortfall for pension eligibility under prevailing regulations and precedents.
Defence Security Corps personnel are entitled to condonation of service shortfall for pension eligibility under the same provisions applicable to Regular Army personnel, irrespective of specific inte....
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