- (1.) Leave granted.
(2.) Aggrieved by the judgment of the Division Bench of the High Court dated 14-12-2001 passed in W. P. S. T. No. 861 of 2000, the State has come up in appeal by filing this Special Leave Petition. The respondent, Dr. Subhash Chandra Pratihar, was appointed temporarily as Medical Officer in the cadre of West Bengal Health Services w.e.f. the date he joined the post. The respondent was placed under suspension on 31-3-1995, in contemplation of departmental proceedings. Thereafter, on completion of the enquiry, he was compulsorily retired from service w.e.f. 22-7-1996.
(3.) 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 conferred 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 computing pensionary benefits. Relevant Rule, for the present purpose, is Rule 27. It is extracted. "Rule 27. Concession of adding to qualifying service. An officer appointed to service or post may add to his service qualifying for superannuation (but not for any other class or pension) the actual period not exceeding five years by which his age at the time of recruitment exceeds twenty-five years if the service or post is one- (a) for which post-graduate research or specialist qualification or experience in scientific, technological or professional field is essential, and (b) to which candidates of more than twenty-five years of age are normally recruited. Provided that this concession shall not be admissible to any such officer unless his actual qualifying service at the time he quits Government service is not less than 10 years.";