Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | West Bengal Service Rules Part-I-Rule 76-Govt. Memorandum No. 10606 |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service law-West Bengal Service Rules Part-I-Rule 76-Govt. I Memorandum No. 10606-F dated September 25, 1978-West Bengal (Revision of Pay and Allowances) Rules, 1981-Compulsory Retirement-Government employees who are in Group 'C' service prior to introduction of 1981 Rules-Not entitled to the benefit of being retained in service upto the age of 60 years.The respondents were initially appointed as Peons in the Excise. Department of the West Bengal Government in the year 1970. Consequent to the revision of scale of pay, the Government by its Memorandum dated 1 September 25, 1978 while classifying all the employees as Group 'A' to 'D' enumerated that those employees drawing the pay or scale of pay with a maximum of Rs. 500 but above Rs. 230 would be Group 'C' employees. The respondents opted for the above conditions. Consequently, they were drawing a scale of pay above Rs. 230. The respondents were served with a notice of retirement at the age of superannuation of 58 years, which they challenged as invalid and illegal alleging that by operation of para 2 of the Memo of the Governor issued on 19.2.1985, they were entitled to be retained in service upto the age of 60/65 years, as the case might be under Rule 76 of the West Bengal Service Rules Part-I. Their Writ Petition was allowed and the notices were quashed.In this Court, the appellants contended that by operation of the conditions imposed while effecting revision of scale of pay in 1971, as opted by the respondents, they ceased to be in Group 'D' service w.e.f. 1971. It was alleged that the clarification issued by the Governor in the 1985 Memo was not applicable in this case as it would apply only to such of the employees in group 'D' service who continued to be so on the date the West Bengal (Revision of Pay and Allowances) Rules, 1981, came into force. The respondents not continuing as Group 'D' service from 1971 were not entitled to the benefit of the Memo. The respondents sought to draw a distinction between scale of pay and the pay and stated that as on April 1971 and after the 1981 revision they drew their pay below Rs. 230 therefore, they were entitled to be retained in service till the age 60. |
Judge | N/A |
Neutral Citation | 1995 INSC 148 |
Petitioner | State Of West Bengal And Ors. |
Respondent | Anal Kumar Ghosh And Ors. |
SCR | [1995] 2 S.C.R. 391 |
Judgement Date | 1995-02-28 |
Case Number | 4404-4405 |
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