Calcutta High Court (Appellete Side)
Babulal Nath vs The State Of West Bengal & Ors on 9 October, 2023
68.
09.10.2023
S.D.
W.P.A. 17553 of 2023
Babulal nath
Vs.
The State of West Bengal & Ors.
Ms. Somoshree Saha
...For the Petitioner
Mr. Tapan Mukherjee, AGP.,
Mr. Somnath Naskar
...for the State
Mr. Raghunath Chakraborty
Ms. Amrita De
..for SC, ST Finance Corporation
Mr. Anil Kumar Gupta
..for the P.F. Authorities
Supplementary Affidavit filed on behalf of the
petitioner in Court today is retained with the records.
The petitioner has been superannuated from service
with effect from January 31, 2022. The petitioner was initially
engaged as a Casual Labourer as Group-D staff. Thereafter,
the petitioner was absorbed as a regular employee to the post
of Peon on and from July 23, 2008 with the West Bengal
Backward Classes Development and Finance Corporation
(WBBCD &FC). The petitioner's grievance is that he was not
paid any pensionary benefits or GPF dues between July 2008
and January 2018. Under the Scheduled Castes, Scheduled
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Tribes and Other Backward Classes Development and Finance
Corporation (WBSC, ST, OBCD & FC) Act 2017, all properties,
funds and assets under the control of West Bengal Scheduled
Castes and Scheduled Tribes Development and Finance
Corporation and West Bengal Backward Classes Development
and Finance Corporation was to vest in the amalgamated
Corporation formed in 2017. Under Section 33 (3)(c), all
officers and persons in employment of the Corporations under
the repealed Acts immediately before the commencement of
the 2017 Act would continue in the service of the Corporation
as established by the 2017 Act and shall hold his office or
service by the same tenure, at the same remuneration, upon
the same terms and conditions with the obligations, rights,
privileges as to leave, leave fare concession, welfare scheme,
medical benefit scheme, insurance, provident fund, other
funds etc, would be continued to be given to the officer if the
officer or other employee opts not to continue to be the officer
or other employee of the Corporation within a period of six
months.
The appointed date of the 2017 Act was November 15,
2017.
Mr. Mukherjee, learned Additional Government
Pleader submits that since the commencement of 2017 Act, the
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petitioner will not be eligible for pensionary benefits.
However, no submission is made on the accrued rights of the
petitioner to pensionary benefits for the service rendered
between July 2008 and November 2017 as an employee of
WBBCD & FC.
Written Instruction as handed over in Court today on
behalf of the Corporation is retained with the records.
A reasoned order passed by the Additional Chief
Secretary, Finance Department in compliance with the
judgment dated March 31, 2023 passed in M.A.T. 1386 of 2021
is retained with the records.
The prayer of the petitioners in M.A.T. 1386 of 2021 was
refused for switching over from CPF to GPF Scheme. The
reasons for the same were the existence of West Bengal Service
Rules, 1971, the West Bengal Scheduled Castes and Scheduled
Tribes Development and Finance Corporation Service Rules,
1987, Section 33 (3) (c) of the 2017 Act and the Notification of
the West Bengal Government dated September 9, 2009.
The respondent Corporation is permitted to bring on
record the 1987 Rules as well as the Notification dated
September 9, 2009 along with service Rules of WBBCD & FC
on the adjourned date of hearing.
Let the matter come up for further consideration under
the same heading "Motion" on December 4, 2023.
All parties shall act on the server copy of this order
duly downloaded from the official website of this Court.
(Lapita Banerji, J.)
