ASIT BARAN SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed assailing the order dated September 13, 2018 (for short, the impugned order) passed by the West Bengal Administrative Tribunal, Kolkata, (for short, the Tribunal) in OA 1113 of 2014 (Asit Baran Saha vs. The State of West Bengal and Ors.) [for short, Original Application], whereunder, the Original Application filed by the writ petitioner was dismissed.

(2.) The petitioner was employed as a Mohurreir, under one Sri. Durga Pada Saha, Tahasildar at Block No. 16 attached to Haroa for ten years. Then pursuant to a scheme framed by the Land and Land Reforms department for absorption of casual workers who worked for more than five years, the petitioner was appointed on regular basis on the post of night guard on May 6, 2002 in the Office of the third respondent. His service was confirmed on June 29, 2007. Subsequently on November 19, 2009 the petitioner was promoted to the post of Amin under BL&LRO, Baduria w.e.f. July 1, 2008. The petitioner then superannuated on September 30, 2010. The petitioner was reappointed as Amin under the BL&LRO, Basirhat on purely contractual basis and had served at such post till March 5, 2013.

(3.) As the petitioner had served the State employer less than ten years he was not qualified to receive pensionary benefit. The petitioner was granted his gratuity in terms of The West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971 (for short, the 1971 Rules).