Sthaleswar Bera Vs State of West Bengal & ors. (Calcutta High Court)
Material Facts
The petitioner joined as a Tax Collector in Chandrarekha Gram Panchayat on 31 December 1998. Pursuant to a Government notification dated 24 January 2011 for recruitment to the post of Panchayat Karmee, the petitioner applied and was appointed on 3 May 2013 after complying with the applicable rules. The notification prescribed an upper age limit of 45 years as on 1 January of the recruitment year, with relaxation available for specified categories, including Other Backward Class (OBC) candidates.
After the petitioner’s superannuation, his pension papers were forwarded for approval. However, the Director of Pension, Provident Fund and Group Insurance returned the file on 12 November 2025, observing that the petitioner, being an OBC candidate, had joined service beyond the permissible age limit. The petitioner sought release of his retiral benefits.
Legal Issue
Whether the petitioner’s retiral benefits could be withheld on the ground that he was over the prescribed age at the time of appointment as Panchayat Karmee.
Parties’ Submissions
The petitioner submitted that his appointment had been made after consideration of his age under the recruitment notification and, therefore, the authorities could not subsequently withhold his retiral benefits on the ground that over-age had not been condoned.
