Libertatem Magazine

Calcutta High Court Denies the Retiral Benefits After 17 Years of Superannuation Age

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Case: Dr Deb Narayan Samanta vs State of West Bengal & Ors. [WP.ST 128 of 2018]


The Calcutta High Court on 13th April confirmed the decision of the Tribunal for not granting the pension, after passing several years from attaining the age of superannuation. 


The Petitioner got transferred from Berhampur Sadar Hospital to Purulia Sadar Hospital on December 31, 1985. But he didn’t join the new place of posting. The West Bengal Services (Death cum Retirement Benefit) Rules, 1971, provided a grant of proportionate pension after 10 years of service. The petitioner alleged to join West Bengal Health Service in August 1973. He continued his service for a period of more than 10 years. But the petitioner failed to pursue the said pension. Thus, in February 2015 the petitioner filed the original application before the Tribunal which got dismissed. Thus, he filed the instant Writ Petition against the Order passed by the Tribunal in September 2018. At present, the Petitioner was about 89 years of age. Also, the Petitioner didn’t work during the interregnum after 1985 till date. 

Arguments advanced

Learned counsel for the Petitioner contended that the Petitioner in 1996, attained the age of 60 years as a normal age of superannuation. Also, he argued that the Department took no disciplinary action against the petitioner for absence from duty. Thus, he pleaded not to be forfeited from his service. The Petitioner further submitted that he used to take care of his ill wife and thus, he could not pursue his job.

Court’s observations

The Bench of Hon’ble Justice Rajesh Bindal and Justice Aniruddha Roy observed that the Petitioner abandoned his service way back in the year 1985. The Court noted that the Petitioner approached the Tribunal after 30 years of failing to join at his new place of posting. Further, he applied for a grant of certain retiral benefits, after lapsing of 17 years of attaining the age of superannuation. Thus, the Court denied interfering with the non-grant of relief order passed by the Tribunal. 


The Hon’ble Court reaffirmed the decision of the Tribunal and dismissed the instant Petition filed by the Petitioner.

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