IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE Present:-

The Hon’ble Justice Madhuresh Prasad And The Hon’ble Justice Supratim Bhattacharya W.P.S.T. 210 of 2024 Dr. Satinath Samanta Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Chitta Ranjan Chakraborty, Mr. Sumit Banerjee, Ms. Puspa Rani Jaiswara.

For the State : Mr. Tapan Kr. Mukherjee, Ld. AGP, Ms. Sangeeta Roy.

Judgment on : April 17, 2025.

Madhuresh Prasad, J.:

1. The petitioner was the applicant before the West Bengal Administrative Tribunal. He assailed the order rejecting his claim for pension in O.A. No. 810 of 2023. The West Bengal Administrative Tribunal (“SAT” for short) by its order dated 2^nd September, 2024 has rejected the petitioner’s Original Application upholding the rejection order.

2. The petitioner working as a medical officer in the Calcutta Homeopathic Medical College and Hospital (“college” for short) is seeking benefit of pension which has been declined by the authorities by an order dated 13^th October, 2023 by assigning a reason that the petitioner did not fulfil the requisite qualifying service for the purposes of grant of pension. Since the petitioner was appointed on 17^th May, 2010 and retired on 31^st December, 2018 the petitioner was having only 8 years 7 months and 15 days of service as a State Government employee. Since the same was less than 10 years he did not qualify for the minimum pensionary benefits after superannuation. While rejecting the applicant’s claim the Director of Homeopathy, Government of West Bengal, in the impugned order has recorded the retiral benefits paid to the petitioner. It is not in dispute that petitioner has been paid the following:

i. GPF : Rs. 11,84,790/- Dated 29/01/2019 ii. Gratuity : Rs. 6,00,000/- Dated 15/03/2019 iii. Leave Salary : Rs. 6,17,715/- Dated 24/04/2019 iv. GIS : Rs. 7,847/- Dated 02/09/2019

3. The brief factual background relevant for the present case is that the petitioner was appointed in the college on 15^th October, 1981. The State Legislature with a view to promoting public health “enacted” the Calcutta Homeopathic Medical College and Hospital (taking over of management and subsequent acquisition) Act, 1983 (“1983 Act” for brevity). The enactment was made to provide initially for taking over the management; and subsequent acquisition of the college wherein the petitioner was serving. Section 4(iv) of the Act reads as follows:

“4. Acquisition of the institution.

(iv) every person (not being a part-time or over-aged employee) who has been an employee of the institution before the date of vesting shall, on and from, the date of vesting, become an employee of the State Government and shall hold office on the same terms and conditions as would have been admissible to him if there had been no such vesting and shall continue to do so unless and until his employment under the State Government is duly terminated or until the terms and conditions of this service are duly altered by the State Government by rules made in this behalf:

Provided that the services of every person who expresses his unwillingness to continue in service in terms of the provisions of this clause shall stand terminated with effect from the date of vesting or from any other date to be notified by him;”

4. It is an admitted position that management of the college was taken over under the earlier ordinance with effect from 27.12.1982 and the college was taken over completely on 2nd January, 1992.

5. One Dr. Prasanta Das and Ors. also working in the same college had moved this Court by filing a writ petition wherein this Court passed an order on 1^st September, 1986 recording an agreement between the petitioner and the respondents that the petitioners therein were being absorbed. The writ petition was accordingly disposed of directing for payment of their salary in accordance with scales fixed by the State Government and for issuing formal orders of absorption.

6. The present petitioner also approached this Co