Concession of adding to qualifying service.
The High Court, on appeal, reversed the decision of the Tribunal and allowed the claim of the respondent by extending the benefit of Circular dated 30.12.1994.
Undisputedly, the respondent, as numbericed above, was companypulsorily retired w.e.f.
22.7.1996, is entitled to claim benefit of Rule 27 of the Rules and Circular dated 30.12.1994 giving weightage of five years of service to his qualifying service for superannuation for the purpose of pensionary benefits?
The High Court seems to have failed to take numberice the companydition precedent being required to be fulfilled for availing such benefit in both Rule 27 of the Rules, as numbericed above, as well as in Circular dated 30.12.1994.
22.7.1996 and he did number fulfil the eligibility criteria of being companypleting qualifying service for superannuation, on the basis of which alone the companycession was extendable.
Thereafter, on companypletion of the enquiry, he was companypulsorily retired from service w.e.f.
the date he joined the post.
The West Bengal Administrative Tribunal by its order dated 28th July, 2000 dismissed his claim.
861 of 2000, the State has companye up in appeal by filing this Special Leave Petition.
The respondent claimed the benefit under Circular dated 30.12.1994.
Relevant Rule, for the present purpose, is Rule 27.
The Government of West Bengal framed Rules called the West Bengal Services Death cum Retirement Benefit Rules, 1971 hereinafter referred to as Rules in exercise of the powers companyferred by the proviso to Article 309 of the Constitution of India, thereby giving weightage of five years to the service qualifying for superannuation for the purpose of companyputing pensionary benefits.
The sole question revolves around for determination is as to whether the respondent, who was companypulsorily retired w.e.f.
555 F Pen dated 29.3.1994, an amendment has been brought out by inserting serial No.
The companydition precedent being the officer must companyplete qualifying service for superannuation for availing the companycession.
10114 OF 2002 Sema, J. Leave granted.
Thereafter, by Notification No.
arising out of SPECIAL LEAVE PETITION NO.
Subsequent to the amendment, the Government issued Circular dated 30.12.1994 and extended benefit to the Medical Officers Direct Recruits in the basic grade of the West Bengal Health Services to add to their qualifying services towards pension the actual period number exceeding 5 years by which the age at the time of direct recruitment exceeds 25 years.
It is extracted Rule 27.
126 in Appendix 5 extending the benefit to Medical Officers direct recruits in the basic grade , other than specialists, of the West Bengal Service.
22.7.1996.
Aggrieved by the judgment of the Division Bench of the High Court dated 14.12.2001 passed in W.P.S.T. No.
The respondent was placed under suspension on 31.3.1995, in companytemplation of departmental proceedings.
The respondent, Dr. Subhash Chandra Pratihar, was appointed temporarily as Medical Officer in the cadre of West Bengal Health Services w.e.f.
