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Supreme Court of India 2025-02-25 allowed

JAYA BHATTACHARYA vs THE STATE OF WEST BENGAL & ORS

Bench: 2 — B.R. Gavai, Prashant Kumar Mishra

In Brief

An employee absent from duty for over 20 years had her service regularized through extraordinary leave by the authorities in 2011. She later sought pension, which was denied on the ground that extraordinary leave does not qualify for pension benefits. The Supreme Court allowed her appeal, holding that once service is regularized by granting extraordinary leave, that period cannot be treated as unauthorized absence for pension denial purposes. The Court directed authorities to finalize her pension within three months, but excluded arrears. The decision emphasizes that denial of pension requires proper departmental inquiry, which the authorities had failed to conduct despite Tribunal's order.

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