State Must Ensure That Its Employees Do Not Succumb To Procedural Rigmarole While Claiming Retirement Benefits: Calcutta HC

The Calcutta High Court observed that, as a model employer, the State must conduct itself with high probity and candour and ensure that its employees do not succumb to the procedural rigmarole particularly when the claim pertains to retirement benefits.

The Court observed thus while it directed it to disburse all retirement benefits to an employee while noting that fairness and reasonableness are paramount issues for administrative action.  

The bench of Justice Partha Sarathi Chatterjee and Justice Tapabrata Chakraborty observed, “Fairness and reasonableness are paramount issues for administrative action. As a model employer, the State must conduct itself with high probity and candour and ensure that its employees do not succumb to the procedural rigmarole particularly when the claim pertains to retirement benefits.” 

Advocate Debashis Sinha appeared for the Appellant and Advocate Anirban Mitra appeared for the Respondent.  

Brief Facts-

In this case, the Petitioner was appointed by the Union of India however, his appointment was eventually arbitrarily and illegally terminated by the employer, leading to a series of litigation that went up to the Supreme Court of India which allowed the Petitioner to join service in the year. After his retirement the employer (State) had arbitrarily and illegally deprived the Petitioner of his pension, notional fixation, and other retirement benefits, being aggrieved by which an application was filed before the Central Administrative Tribunal (CAT). The CAT had partially granted his prayers, however, despite such an order from the CAT, the employer did not comply with the same. Hence, he filed writ petition. 

The Court noted that the employee contested his claim since the year 2003 and had remained trapped in a purgatorial legal rigmarole, moving back and forth between the High Court and Tribunal. 

Accordingly, the Court directed the Union of India to disburse all the retirement benefits along with granting notional fixation of pay as has been granted to his batchmates with fixation benefits and to treat him to be a member of the Old Pension Scheme.  

Finally, the Court disposed of both the Writ Petitions. 

Cause Title: Biswa Bhusan Nandi v. Union of India & Ors.

Appearance:

Appellant: Advocates Soma Panda, Debashis Sinha, Sharmistha Dhar, Sonali Gupta Sa, Rishav Ray and Chiradeep Sinha

Respondent: Advocate Anirban Mitra 

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