STATE OF WEST BENGAL Vs. SUBHASH CHANDRA PRATIHAR

JUDGEMENT

(1.) Leave granted.

(2.) Aggrieved by the judgment of the Division Bench of the High Court dated 14-12-2001 passed in W. P. S. T. No. 861 of 2000, the State has come up in appeal by filing this Special Leave Petition. The respondent, Dr. Subhash Chandra Pratihar, was appointed temporarily as Medical Officer in the cadre of West Bengal Health Services w.e.f. the date he joined the post. The respondent was placed under suspension on 31-3-1995, in contemplation of departmental proceedings. Thereafter, on completion of the enquiry, he was compulsorily retired from service w.e.f. 22-7-1996.

(3.) The Government of West Bengal framed Rules called the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 (hereinafter referred to as 'Rules') in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, thereby giving weightage of five years to the service qualifying for superannuation for the purpose of computing pensionary benefits. Relevant Rule, for the present purpose, is Rule 27. It is extracted.