BIJALI GOSWAMI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner joined service with the Respondents on 8th September, 1995, although it appears that she was selected earlier. On 9th November, 1981, she was empanelled for appointment; because a litigation challenging the validity of the panel was pending in this Court, no appointment letters were issued to those in the panel, including the Petitioner. However, an order was issued on 28th August, 1995 appointing five persons, including the Petitioner, as Lower Division Clerk/Clerk-cum-Typist/Rent Controller/Record Clerk/Store Keeper-cum-Clerk. This appointment was temporary in nature. The excess age of all those, who were appointed by the aforesaid appointment letter, was condoned in terms of Rule 8 of the West Bengal Service Rules, Part I. The scale of pay was mentioned in the said appointment letter. The Petitioner continued till she attained the age of superannuation in 2005. Two years thereafter, she preferred Original Application No. 5574 of 2007 before the West Bengal Administrative Tribunal for payment of pension. The Tribunal by its order of 18th March, 2008 disposed of the Application by directing the Respondent No. 2 before it, to consider the payment of pension to the Petitioner in conjunction with the Finance Department. The Tribunal also directed the Respondents to consider whether it would be possible to relax the "usual Rules and Regulations" so that the Petitioner could get pension having regard to a letter issued by the Director of Health Services, Government of West Bengal, on 1st June, 1999.

(2.) The aforesaid letter issued by the Director of Health Services, West Bengal, indicates that the excess age of the Petitioner, when she was appointed, was " condoned" to allow her the benefit of pensionable service in terms of Rule 8 of West Bengal Service Rules Part-I read with Article 51 of C.S.F.

(3.) The Service Rules provide that pension can be paid to an employee provided she has the qualifying service of ten years. The power to relax this Rule is vested with the Governor of West Bengal under Rule 4 of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971. Therefore, it is difficult to accept that the Director of Health Services, West Bengal, was empowered to issue the letter dated 1st June, 1999 to the effect that the service of the Petitioner was pensionable even though she would not complete ten years in service.