DR. TONMOY MONDAL Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-2017-1-45
HIGH COURT OF CALCUTTA
Decided on January 20,2017

Dr. Tonmoy Mondal Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

Biswanath Somadder, J. - (1.) This review application arises out of a judgment and order dated 22nd August, 2014, rendered by a Division Bench of this Court presided over by the Hon'ble Justice Jayanta Biswas (as His Lordship then was) sitting with one of us (Ishan Chandra Das, J).
(2.) The only relevant reason for filing of the review application - as it appears - is, while dealing with the issues sought to be raised in W.P.S.T. 208 of 2014, the Division Bench took notice of a particular note, being Note 3, 2 appended to Rule 75 of the West Bengal Service Rules, Part I and proceeded to hold to the effect that the concerned Government employee's legal right to retire could not prevail over the public interest.
(3.) The relevant ground for seeking review is Ground 12, which is reproduced herein below:- For that the order impugned has been passed without due and adequate consideration that the appended note III is applicable only to Rule 75(aa) which covers cases of compulsory retirement where the authority intends to retire an employee in public interest. ;


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