STATE OF WEST BENGAL vs SUBHASH CHANDRA PRATIHAR

The Supreme Court held that Rule 27 of the West Bengal Services (Death-cum-Retirement Benefit) Rules, 1971, allows for the addition of up to five years to qualifying service for pension benefits, contingent upon the officer having at least ten years of actual qualifying service at the time of leaving government service. The Court found that the High Court erred in granting the benefit to Dr. Subhash Chandra Pratihar, who was compulsorily retired without meeting the requisite conditions. Consequently, the Supreme Court set aside the High Court's decision, ruling that the respondent was not entitled to the claimed benefits under the relevant rules and circulars.