Service law – West Bengal Service (Death-cum-Retirement Benefit) Rules, 1971 – rr.28A, 175, 176(4) – Pensionary benefits – Entitlement, when unauthorised absence of leave treated as extraordinary leave – Appellant-government employee, remained absent from duty for 107 days and thereafter from 1987 to 2007 – Her allegations that though she joined the office and signed the attendance register, she was not allowed to perform her duties and was not paid salary from May, 1987 onwards – Series of litigations – In 2011, appellant’s unauthorised absence from 1987 to 2007 treated as extraordinary leave and service regularised, and was allowed to join back however, not entitled for leave salary during the period of absence – Application for grant of pension and other retiral benefits by the appellant – Tribunal held that the order refusing pension justified – Writ petition thereagainst dismissed by the High Court for want of prosecution – Review application and restoration petition also dismissed – Challenge to:
Held: Denial of pensionary benefits to an employee must emanate from any rule enabling the government for such denial – When the services have been regularized by treating the same as extraordinary leave the same cannot be treated as unauthorised leave for denying the pensionary benefits – Thus, having once regularized her service during the period of absence by granting extraordinary leave, it cannot be held that the said period can be treated as break in service – Furthermore, despite tribunal’s order directing the Collector to cause a departmental inquiry in respect of the appellant’s allegations, no such inquiry was ever conducted by the respondents/authorities – Appellant condemned unheard without subjecting her to any departmental inquiry – Respondents’ failure to conduct an inquiry as per tribunal’s order cannot shift the burden on appellant to prove that she was prevented from working – In view thereof, the appellant entitled for pension – However, not entitled for arrears of pension. [Paras 11, 12]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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