BIMAN BEHARI THAKUR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The unsuccessful original applicant in O.A. 930 of 2017 is the writ petitioner before us, challenging the judgment and order dated 20th February, 2019 passed by the West Bengal Administrative Tribunal dismissing such application on merits.

(2.) The petitioner had worked as a Tehsil Mohurrir on commission basis in phases during 1978 to 1984. Pursuant to an order dated 29th September, 1993 passed by a learned Judge of this Court in C.R. No. 7592 (W) of 1991, the respondents had framed a scheme for absorption of Tehsil Mohurrirs as Group-D employees in the Land & Land Reforms Department, Government of West Bengal. The petitioner was found eligible and selected for absorption. He was appointed on 20th June, 2007 and ultimately retired on attaining the age of superannuation on 29th February, 2016. Upon his absorption and till retirement on superannuation, the petitioner had served the department for 8 years 8 months and 10 days. In order to be eligible for pension, the petitioner was required to put in qualifying service of 10 years. Since he fell short of 10 years service, he was denied pension. Aggrieved thereby, the petitioner had approached the tribunal with the original application which has been dismissed as noticed above on the ground that the Government had the liberty to condone a deficiency of 6 months service but not beyond; and since the petitioner's service was deficient by over 1 year, the Government had no discretion left with it to grant the benefit as prayed for by the petitioner.

(3.) It appears from the judgment of the tribunal that a contention was raised on behalf of the petitioner to the effect that examination of his medical fitness and verification of antecedents by the police were completed in the year 2000, but appointment had not been offered to him contemporaneously on a Group-D post in terms of the scheme, for which he was compelled to approach the tribunal by filing O.A. 645 of 2004; such application was disposed of on 17th March, 2005 by the tribunal directing the Director of Land Records and Survey and Joint Land Reforms Commissioner, West Bengal to consider the petitioner's claim for appointment within a period of 4 months. It was upon compliance of such order that the petitioner was ultimately offered appointment on 20th June, 2007.