Calcutta High Court Rules in Favour of Retired Medical Officer Seeking Pension Benefits [Read Judgment]

Kolkata: The Calcutta High Court has delivered a significant judgment in favour of a retired medical officer, Dr. Satinath Samanta, emphasizing that delays by the government in implementing court orders cannot deprive employees of their rightful pension benefits.

The Division Bench comprising Justice Madhuresh Prasad and Justice Supratim Bhattacharya delivered the judgment, allowing the petition filed by Dr. Samanta challenging the order of the West Bengal Administrative Tribunal (WBAT) dated 2nd September 2024, which had rejected his Original Application (O.A. No. 810 of 2023).

Calcutta High Court Directs State to Count Delayed Service Period for Pension Eligibility

The case stemmed from a petition filed by Dr. Satinath Samanta, a retired Medical Officer of the Calcutta Homeopathic Medical College and Hospital, who was denied pension benefits on the ground that he had not completed the required 10 years of qualifying service. Although he had served at the institution since 1981, his formal absorption as a State Government employee was delayed until 2010, despite a 2005 Calcutta High Court order directing such absorption. Dr. Samanta argued that the delay was entirely due to the State’s inaction, and that the intervening period should be counted toward his qualifying service for pension.

The Court further ruled that Dr. Samanta, who served at the Calcutta Homeopathic Medical College and Hospital, must have the delayed period of his service—caused by the non-compliance with the previous court order—counted toward his qualifying service for pension eligibility.

The Court noted, “The petitioner cannot be penalized for the delay caused by the respondents in implementing the Court’s direction issued as far back as 22.02.2005.” It further held that this period (from 22.02.2005 to 20.04.2010) must be treated as qualifying service for pension purposes.

Rejecting the State’s argument that Dr. Samanta failed to challenge the lack of retrospective effect in the 2010 order, the Court emphasized that Dr. Samanta had actively pursued his rights since 1988 through multiple rounds of litigation, including contempt proceedings.

Citing the Supreme Court’s decision in Kusheshwar Prasad Singh v. State of Bihar, the Bench remarked, “A wrongdoer ought not to be permitted to make a profit out of his own wrong,” affirming that the government’s delay could not be used as grounds to deny pension.

Retired Medical Officer Wins Pension Case After Years of Legal Battle

Accordingly, the High Court directed the State Government to treat the period from 22 February 2005 to 20 April 2010 as qualifying service for the purpose of pension. The authorities have been instructed to recalculate and release the petitioner’s pensionary benefits within eight weeks of receiving the Court’s order and to provide a clear statement of the computations made.

The Court also set aside the order of the West Bengal Administrative Tribunal dated 2 September 2024, terming it “unsustainable in law.”

Mr. Chitta Ranjan Chakraborty, Mr. Sumit Banerjee, and Ms. Puspa Rani Jaiswara, Advocates, appeared for the Petitioner. Mr. Tapan Kr. Mukherjee, AGP, and Ms. Sangeeta Roy, Advocate, represented the State of West Bengal.

Case Title: Dr. Satinath Samanta vs. State of West Bengal & Ors.

[Read Judgment]