SUDHANSU KARMAKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The instant writ petition has arisen from the judgment and order dtd. 11/9/2018 passed by the West Bengal Administrative Tribunal in OA 1227 of 2015, by which the tribunal application filed by the writ petitioners was dismissed.

(2.) Admittedly, the writ petitioners have attained the age of superannuation and retired in the post of Constable of Police on divulged dates. The dispute sees the light of the day when the writ petitioners claimed the pensionary benefits under the Death-cum-Retirement Benefit Rules, 1971 (in short 'DCRB Rules'). Since the authorities did not find the continuous service of ten years in such post, the claim of the pensionary benefits was rejected, which prompted the writ petitioners to move before the West Bengal Administrative Tribunal.

(3.) The point urged before the tribunal was that prior to the appointment in the post of Constable of Police, the writ petitioners were the Members of the National Volunteer Force and rendered the continuous services for a considerable period and, therefore, the authorities have misconstrued the relevant provisions, which permits the computation of period taking into account the earlier services rendered in different departments.