DR. SATINATH SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was the applicant before the West Bengal Administrative Tribunal. He assailed the order rejecting his claim for pension in O.A. No. 810 of 2023. The West Bengal Administrative Tribunal ("SAT" for short) by its order dtd. 2/9/2024 has rejected the petitioner's Original Application upholding the rejection order.

(2.) The petitioner working as a medical officer in the Calcutta Homeopathic Medical College and Hospital ("college" for short) is seeking benefit of pension which has been declined by the authorities by an order dtd. 13/10/2023 by assigning a reason that the petitioner did not fulfil the requisite qualifying service for the purposes of grant of pension. Since the petitioner was appointed on 17/5/2010 and retired on 31/12/2018 the petitioner was having only 8 years 7 months and 15 days of service as a State Government employee. Since the same was less than 10 years he did not qualify for the minimum pensionary benefits after superannuation. While rejecting the applicant's claim the Director of Homeopathy, Government of West Bengal, in the impugned order has recorded the retiral benefits paid to the petitioner. It is not in dispute that petitioner has been paid the following:

(3.) The brief factual background relevant for the present case is that the petitioner was appointed in the college on 15/10/1981. The State Legislature with a view to promoting public health "enacted" the Calcutta Homeopathic Medical College and Hospital (taking over of management and subsequent acquisition) Act, 1983 ("1983 Act" for brevity). The enactment was made to provide initially for taking over the management; and subsequent acquisition of the college wherein the petitioner was serving. Sec. 4(iv) of the Act reads as follows: