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Amulya Ratan Nayek Vs. State of West Bengal

Court : Kolkata

Reported in : AIR1961Cal164,64CWN857,(1960)IILLJ502Cal,(1960)IILLJ502Cal

..... was an overseer of the dubrajpur national extension service block and got that appointment on the ..... imposing a penalty specified in rule 7, other than an order of censure or suspension pending proceedings or an order based on facts which have led to his conviction in a criminal court, shall be passed against a member of a subordinate service unless the officer concerned has been given an adequate opportunity of making any representation that he may desire to make and such representation, if any, has been taken into consideration before the order is passed;''the ..... wanted to see his service book and that was on the 16th july, 1958, the government was good enough to show it to him and there he discovered this remark about him made by kedar nath thakur block development officer, dubrajpur national extension service block. ..... censure, it appears that being a member of the subordinate service, the petitioner under rule 10 of the bengal subordinate services (discipline and appeal) rules, 1936, has no right ..... it the procedure for reasonable opportunity of showing cause was to be applied in every case a superior officer in due course of administration was about to enter in the service book a remark or opinion of his in respect of his subordinate officer.5. ..... he claims a writ of mandamus for expunging the remark in his service book made by one kedar nath thakur on the 3rd july, 1958, to the effect, 'an overseer of doubtful integrity', and secondly, for an order to grant him leave which he says he .....

Nepal Chandra Guchait Vs. District Magistrate and ors.

Court : Kolkata

Reported in : AIR1966Cal485,[1966(12)FLR88],(1966)IILLJ71Cal

..... order made by the respondent block development officer and communicated to the petitioner of february 1, 1955, the petitioner was appointed a driver in burwan national extension service block. ..... west bengal, : (1961)iillj283cal a division bench o this court (of which i was a member) pronounced the view:'suspension or dismissal or removal from service with retrospective effect has always been condemned by the court as illegal and invalid. ..... the petitioner, in the case before his lordship, was dismissed from service by an order dated november 15, 1957, with effect from november ..... only on the theory that the petitioner was treated as continuing in his service during the period of his absence. ..... not, however, find any reason to depart from the general view expressed in sudhir halder's case (supra) that suspension or dismissal or removal from service with retrospective effect is illegal or invalid. ..... made the order effective from the date of the making of the order, it might as well be that the authority would have otherwise made the order effective from the date of the service of the order on the delinquent. ..... sri guchait on 4-1-62 it is hereby ordered that sri nepal chandra guchait driver is discharged from his service with retrospective effect from 1-6-61. ..... reported decision aforementioned, an employee of the corporation of calcutta was dismissed from service with retrospective effect. ..... asked to show cause by 15-1-62 why (a) you should not be discharged from service with effect from 1-6-01'. .....

Mr. Sunirmal Kumar Ray Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (2005)3CALLT316(HC),[2006(110)FLR374],(2006)IILLJ60Cal

..... the ncert undertakes several kinds of programmes and activities connected with the coordination of research extension services and training, dissemination of improved educational techniques, collaboration in the educational programmes. ..... neither the appointment nor the conditions of service of the employees of the company are controlled by the government. ..... challenging the order of suspension, the petitioner has filed this writ petition claiming various service benefits against his employer, the respondent no. ..... the functions and activities of the said company, generation of fund to carry out its objectives as well as the modalities of functioning of the said company, the service conditions of its employees etc. ..... the service conditions of the employees are regulated by the service rules of the company to which the central government and the other government has nothing to do. ..... the company retains its full control over the appointment of its employees and to determine the conditions of their service.34. .....

Commissioner of Income-tax Vs. G.E.C. of India Ltd.

Court : Kolkata

Reported in : [1991]192ITR559(Cal)

..... this is particularly important in the case of expenditure incurred by export houses for development of export markets on behalf of their constituents, or by associations, such as ijma, providing agricultural inputs and extension services to jute growers with a view to improving the productivity and quality of jute. ..... the expenditure must be incurred under the specified heads by the assessee to promote sales outside india of any goods, services or facilities dealt in or provided by it in the course of its business. .....

West Bengal Headmasters' Association and Ors. Vs. State of West Bengal ...

Court : Kolkata

Reported in : (1990)2CALLT327(HC),94CWN1166

..... (b) dated 31st march, 1986 that the teaching and non-teaching staff of recognized non-government education institution in the state who enjoyed the benefit of extension of service on a year to year basis upto the age of 65 years prior to 1st april, 1981 on the strength of the order issued by the state government in the education department may be allowed ..... the second pay commission but the second pay commission has no power and/or authority to recommend that the teachers must be retired at the age of 60 years without any extension of service and such recommendation is not a law and further such recommendation is inconsistent with and contrary to the statutory right conferred under rule 28(1)(iii). ..... is no dispute on the age of superannuation at the age of 60 years but the dispute centres round the extension of service after superannuation year to year upto 65 years of which there is no provision in the memo under challenge but such extension derives its force mainly and wholly from the various circulars issued by the west bengal board of secondary education right from ..... notification dated 25th july, 1940 issued by the education department, primary branch, and is quoted as follows :-'4a-a teacher appointed by the board may be retained in service upto the age of 60 years, but the board may, if it thinks fit, grant thereafter extension of service of a teacher on a year to year basis upto the age of 65 years, provided the teacher continues to be physically fit and mentally alert.' 27. .....

Banerjee R.N Vs. State Bank of India and ors.

Court : Kolkata

Reported in : 100CWN300,(1997)IIILLJ1191Cal

..... if on consideration of the case of an employee under the second proviso to paragraph 19(1) it is found that the employee is not required to be retired at that stage the matter ends there, and there is no question of extension of service at that stage, because unless retired under the said second proviso he would automatically continue to be in service till his retirement in the normal course under the substantive part of the said paragraph 19(1). ..... subsequent of the date of retirement of the petitioner, the disciplinary proceeding itself, as started on the basis of the said charge-sheet, is not tenable nor is rule 19(3) dtcs order, as quoted above, is applicable in the case for extension of service of the petitioner after retirement even for the limited purpose of continuing and concluding the departmental proceeding. ..... the time of argument the learned advocate for the petitioner however submitted that inspite of his reaching the age of superannuation on february 28, 1991 the petitioner was entitled to be considered for extension of service under the first proviso to paragraph 19(1) in view of the single bench decision of this court in (shankar prasad v. ..... any consideration or exercise four years before the normal date of retirement of an employee cannot by any stretch of imagination, far less any logic, be treated as an exercise for consideration of extension of service of an employee beyond the normal date of superannuation which would come as long a period as four years later. .....

Madan Lal Patodia Vs. District Inspector of Schools (Se), Calcutta and ...

Court : Kolkata

Reported in : (2000)2CALLT523(HC),2000LabIC3523

..... ad-hoc committee or administrator without any reason, on 3rd april, 1969, the director of public instruction, west bengal issued an order which reads as follows :--'the undersigned has to state that at present extension of service is allowed to teachers including headmasters/headmistresses of aided secondary schools by the director of public instruction, west bengal on the recommendation of the managing committees, ad-hoc committeesor administrators on year to year basis upto the age of 65 years. ..... that i am an approved assistant teacher of the said school shree vishudha nand saraswati vidyalaya, 160a, chittaranjan avenue,calcutta-700 007; that i am going to completed second term extension of my services on 12.11.98 which was granted to me under rule 28(3) of the managementrules: that i am physically fit and mentally alert to discharge my duties as assistant teacher. ..... ' (2) if the officer authorised by the director under sub-rule (1) does not approve of the appointment or extension of service in any case coming under clause (i) or clause (ii) or clause (iii) of sub-rule (1), as the casemay be, he shall refer the case to the director and in the case of disapproval of any appointment or extension of service, the director or the officer authorised by him shall communicate to the committee the reasons therefor. .....

Sankar Prasad Chattakhandi and ors. Vs. State Bank of India and ors.

Court : Kolkata

Reported in : (1988)ILLJ510Cal

..... indeed, sri roychowdhury's argument is that the fast development of the bank has an important bearing on the bank's decision and the desirability of extension of service of an officer in the interest of the bank cannot be said to exist, if he is not fit to meet the challenge of such fast development and if his service cannot be utilised by the bank except for a limited purpose as in the case of the petitioners, whose utility, admittedly, so to say, was confined ..... that the proforma, which is a vital document for consideration of the competent authority for the purpose of extension of service and copy of which has been annexed as annexure c to the affidavit-in-reply, clearly indicates the criteria for ..... amount of arrears relating to the said reconciliation work, the extension of service by two years-if given to the official would be in the interest of the bank as he has the requisite capabilities and sincerity to deal with the object.potential:his continued service from 6 august 1983 to 31 february 1984 will be beneficial ..... whichever occurs first.provided that the competent authority may, at its discretion, extend the period of service of an officer who has attained the age of fifty-eight years or has completed thirty years 'service of thirty years' pensionable service, as the case may be, should such extension be deemed desirable in the interest of the bank, so however, that the service rendered by the concerned officer beyond 58 years of age except to the extent of the period .....

Karunamoy Ghosh Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2005)1CALLT447(HC),[2005(106)FLR241]

..... applied for the same and was allowed to enjoy the pre-revised pay scale with right to serve the school upto the age of 65 years on crossing the age of superannuation, on extension of service year to year basis subject to physical fitness and mental alertness as well as subject to refund of excess amount as already enjoyed while the petitioner was enjoying the revised pay scale prior to ..... petitioner's application has been opposed by the state respondents as well as by the school authority taking a plea that due to non-refund of the excess amount as drawn, extension of service for 4th and 5th terms was not approved, but from the affidavits it appears that nowhere the aforesaid respondents have disclosed that the managing committee duly intimated the petitioner about the ..... by the district inspector of schools that the petitioner worked upto 26.2.97, that is first part of 5th term of extension and the petitioner got salaries upto february, 1996, beginning of the first part of the 4th term of extension, but rejected the prayer to accord approval of extension of service for the 4th and 5th terms solely on the ground that excess amount was not refunded by the petitioner ..... the refund of the excess amount is procedural aspect of the matter, but the substantive right is the right of a teacher to enforce the right to pray for extension of service till 65 years in the old pay scale, on fulfillment of condition of health as stipulated, even if for some time they enjoyed revised scale of pay .....

Sri Srikanta Mukherjee Vs. the State of West Bengal and Others

Court : Kolkata

..... the impugned finding that the applicant by availing revision of scale of pay had waived his right to avail extension of service, is an instance of total misconception of law and fact constituting sufficient reason for intervention through review. ..... 1990 is not applicable to the respondent school and, accordingly, the observation of the honble division bench that the petitioner had willfully and voluntarily waived his right to get extension of service beyond 60 years in view of benefits being conferred upon the ropa scheme is patently erroneous. ..... from availing the benefits under the 1981 scheme and as such they have been conferred a right to be considered for extension of service beyond the age of 60 years subject to the preconditions of physical fitness and mental alertness. v. ..... suppressed the undertaking dated 19th may, 1990 whereby he has exercised his option for a revised pay scale and has given a clear undertaking that he would not apply for extension of service on attaining the age of superannuation prescribed in paragraph 17 of g.o.no.33- edn(b) dated 7th march, 1990. ..... the west bengal board of secondary education act, 1963 and the rule 28 of the management rules 1969, a whole time teacher is entitled to claim extension of service beyond 60 years provided he does not take the benefit of the pay revision. ..... the petitioner made a categorical statement that he would not apply for extension of service on attaining the age of superannuation prescribed in paragraph 17 of the .....