This appeal challenged an order directing the release of pension to a regularized employee. The Court held that while prior approval was missing, subsequent regularization did not bar his pension rights. Dismissed.
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Sl. No. 06
IN THE HIGH COURT AT CALCUTTA CIVIL APPELLATE JURISDICTION APPELLATE SIDE
Present:
The Hon’ble Justice Joymalya Bagchi
And
The Hon’ble Justice Gaurang Kanth
M.A.T. 723 of 2024
(CAN 1 of 2024) (CAN 2 of 2024)
State of West Bengal & Anr.
-Vs-
Samir Khan & Ors.
For the Appellant/ State : Mr. Lalit Mohon Mahato, AGP, Adv., Mr. Jiaul Haque, Adv. For the Respondent No.1/Writ Petitioner : Mr. S. Jahan, Adv., Mr. Srikanta Dutta, Adv., Mr. Prodyot Kr. Roy, Adv. Heard on : 30.07.2024 Judgment on : 30.07.2024
:- Joymalya Bagchi, J.
Re : C. A. N. 1 of 2024
2
Re : M. A. T. 723 of 2024
3
4
Municipality. By Memo. No.2733/DLB/P-503/13-05 dated 22.12.2008, State accorded permission to fill up 8(eight) sanctioned vacant posts by absorption of pre-1992 casual workers on the basis of their seniority and qualification. Pursuant to such approval, respondent/writ petitioner was appointed in the post of Lower Division Clerk and rendered services for more than ten years. It is true no prior approval of his appointment had been obtained from the Government. This was an omission on the part of the Municipality which ought not deprive the respondent no.1/writ petitioner of his right to pension as he was otherwise eligible to pension having served for ten years that is the qualifying service for pension as per rules.
5
I agree.
(Gaurang Kanth, J.)
(Joymalya Bagchi, J.)
as
3 issues framed by the court
Whether lack of prior government approval for the appointment of a regularized temporary employee bars him from receiving pension.
Whether subsequent government approval for absorption cures the initial omission and entitles the employee to pensionary benefits.
Whether the High Court should interfere with the order directing release of pension despite the appeal's contention regarding statutory approval.
1 provisions across 1 enactments
State of West Bengal & Anr.
Samir Khan & Ors.
Joymalya Bagchi
Gaurang Kanth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
