STATE OF WEST BENGAL versus HARESH C. BANERJEE AND ORS.

STATE OF WEST BENGAL versus HARESH C. BANERJEE AND ORS.

Since the question of constitutional validity of Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules affects a large number of employees, the matter is referred to a larger bench for proper adjudication.

Parties
Appellant: State of West Bengal; Respondents: Haresh C. Banerjee and Ors.
Jurisdiction
India
Judgment Date
26 May 2004
Procedural Posture
Civil Appeal / Referred to Larger Bench
Outcome
Matter referred to larger bench
Legal Topics
Retirement Benefits, Constitutional Validity, Departmental Enquiry
Service Law Constitutional Law Retirement Benefits Constitutional Validity Departmental Enquiry

Case Brief

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Parties

State of West Bengal

Appellant

Haresh C. Banerjee and Ors.

Respondents

Procedural Posture

Civil Appeal / Referred to Larger Bench

Legal Issues

  1. 1 Constitutional validity of Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules
  2. 2 Validity of conducting departmental enquiry against retired employees

Ratio Decidendi

Since the question of constitutional validity of Rule 10(1) of the West Bengal Services (Death-cum-Retirement Benefit) Rules affects a large number of employees, the matter is referred to a larger bench for proper adjudication.

Court Disposition

Matter referred to larger bench

Orders

  • State Government to comply with High Court's direction for making payment of arrears to respondent No. 1