Sk. Rafikul Islam v. The State Of West Bengal And ORS.

ss 03.03.2025 WPST 32 of 2025 Sk. Rafikul Islam Vs.

The State of West Bengal & Ors.

Mr. Lalratan Mandal ... ... for the petitioner Ms. Sonal Sinha Ms. Ashmita Chakraborty ... ... for the State Affidavit of service is taken on record.

Heard learned counsel for the petitioner and learned counsel for the State.

There is a shortfall of 1 year, 11 months and 23 days in the requisite qualifying service for the purposes of grant of pension.

Learned counsel for the petitioner submits that the petitioner is entitled to count the period prior to his regularisation on 06.02.2010, i.e. from 1989 for the purposes of qualifying service. The issue in this regard is settled by the decision of a co-ordinate Bench in the case of Nemai Ch. Chatterjee in WPST 532 of 2010. Relying thereupon the authorities have extended the relaxation of upto two years to another person namely, Kishori Mohan Mahato in compliance of the order passed by the tribunal in her O.A. 910 of 2016. He submits that availing the liberty granted by the tribunal for representing his case he will rely upon a decision of

the co-ordinate Bench in the case of Nemai Ch. Chatterjee (supra) as also grant of relaxation to Kishori Mohan Mahato.

Since the issue is to be considered by the tribunal, it is needless to say that they would be consider his case in accordance with law.

With such liberty, the writ petition being WPST 32 of 2025 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Madhuresh Prasad, J.) (Supratim Bhattacharya, J.)