STATE OF WEST BENGAL Vs. RABINDRA NATH GHOSH

JUDGEMENT

(1.) The appeal is arising out of an order of a learned Single Judge dated 10th October, 2018 in connection with the writ petition filed by the writ petitioner/respondent challenging the decision of the appellants in refusing to extend the Death-cum-Retirement Benefit Scheme of 1981 (hereinafter 'the Scheme of 1981') on the ground that there is a deficiency in qualifying service by 26 days and the appellants have no power to condone the shortfall.

(2.) The learned Counsel has formulated the following two issues for consideration:-

(3.) The learned Single Judge interpreted of Rule 7(e)(iv) of the Scheme of 1981 in favour of the writ petitioner and allowed the writ application and directed the respondent authority to condone the deficiency of 26 days in qualifying service of the writ petitioner and disbursed the pensionary benefit in favour of the petitioner along with all arrears. This order is under challenge.