Supreme Court - Daily Orders
The State Of West Bengal vs Lokenath Chakraborty on 25 September, 2025
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 3149/2025
THE STATE OF WEST BENGAL & ORS. Appellant(s)
VERSUS
LOKENATH CHAKRABORTY & ORS. Respondent(s)
WITH
Civil Appeal No. 3150/2025
O R D E R
1. Challenge in these Civil Appeals is to the order passed by the Division Bench of the High court dismissing the Writ Petitions preferred by the appellants which in turn lay challenge to the order dated 30.06.2024 passed by the West Bengal Administrative Tribunal (hereinafter referred as “the Tribunal”). In the said order of the Tribunal the application preferred by the respondents challenging the appellant’s orders dated 27.10.2005, 16.12.2005 and 12.04.2006 were quashed and all the applicants/ respondents herein are directed to be allowed to enjoy the New Intermediate Selection Grade (hereinafter referred as “NISG”) benefits given to them in terms of the order dated 22.06.1990.
2. By order dated 22.06.1990, the respondents, working as Grade- III Technical Assistants, were placed temporarily in the Selection Signature Not Verified Grade of Grade-III posts in the said cadre in the scale of Rs. Digitally signed by KANCHAN CHOUHAN Date: 2025.10.08 17:01:04 IST Reason: 370-10-400-15-535/- w.e.f. 31.03.1981 in the vacancies caused due to superannuation of employees holding the Selection Grade of 2 Grade-III posts. Some of the employees, who were senior to the respondents, were not accorded such benefits of NISG, therefore, they preferred application before the Tribunal seeking similar benefits. The Tribunal, in the first round, noting that there are discrepancy in respect of giving NISG benefits to the respondent, directed the State Government of reconsider the decision. Upon reconsideration, the appellant-State of West Bengal recalled the order on 31.08.2000. It is this order which is under challenge in the present round of litigation.
3. The Tribunal vide its order dated 29.03.2010 allowed the application mainly on the ground that NISG vacancies available during the period from 01.04.1981 to 23.04.1981 were allowed to be filled up by the Government by extending such benefits to eligible employees as against the posts available. This was done by the Government despite abolition of NISG scheme by order dated 30.07.1981 w.e.f. 01.04.1981. According to the Tribunal, when such benefits have been extended to the employees who were otherwise entitled in terms of the relevant rules up to 30.07.1981 i.e. date on which notification dated 30.07.1981 abolishing NISG w.e.f 01.04.19981 was issued and memos were issued by the State Government on different dates providing such benefit to number of employees as against the post which were available during this period, despite abolition of NISG scheme such benefits should also be extended to the respondents. Interestingly, the Tribunal did not consider the issue as to whether the vacancies in the present matter occured in the forenoon of 31.03.1981 or it arose in afternoon of 31.03.1981 so as to determine whether the vacancies 3 were available to be granted benefit of NISG. This issue was to be decided by the State Government consequent upon the remand by the Tribunal in the first round of litigation. However, neither the State Government produced any document to demonstrate about existence of vacancies in forenoon or in the afternoon of 31.03.1981, nor the Tribunal or the High Court had dealt with this aspect of matter in the present round of litigation.
4. Be that as it may, as on date, some of the respondents have deceased and others have been superannuated.
5. In the above view of the matter, it will not be appropriate to order to remit the matter back to the High Court to consider the issue regarding existence of vacancies for granting NISG vacancies as in the forenoon or in the afternoon of 31.03.1981. This litigation having lived for about 35 years, we deem it appropriate to give a quietus to the entire issue by observing that the benefits as has been made admissible to the respondents shall not be withdrawn nor the amount of pension which they are presently receiving shall be reduced.
6. The appeal stands disposed in the abovestated terms.
7. Pending applications, if any, shall stand disposed of.
…………………………………………………………………. J.
(PRASHANT KUMAR MISHRA) …………………………………………………………………. J.
(VIPUL M. PANCHOLI)
New Delhi,
25th September, 2025
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ITEM NO.104 COURT NO.16 SECTION XVI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 3149/2025
THE STATE OF WEST BENGAL & ORS. Appellant(s)
VERSUS
LOKENATH CHAKRABORTY . & ORS. Respondent(s)
WITH
C.A. No. 3150/2025 (XVI)
IA No. 3/2013 - STAY APPLICATION
Date : 25-09-2025 These appeals were called on for hearing today. CORAM : HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA HON'BLE MR. JUSTICE VIPUL M. PANCHOLI For Appellant(s) Mr. Parag Chaturvedi, Adv.
Mr. Kunal Mimani, AOR For Respondent(s) Mr. Dibyendra Narayan Ray, Sr. Adv.
Mr. Sourav Halder, Adv.
Mr. Joydip Roy, Adv.
Mr. Aman Shukla, Adv.
Mr. M. Chandra Kanth Reddy, Adv.
Mr. Vishal Arun, AOR UPON hearing the counsel the Court made the following O R D E R
1. The Civil Appeals stand disposed of, in terms of the signed order, which is placed on the file.
2. Pending applications, if any, shall stand disposed of.
(KANCHAN CHOUHAN) (MANOJ KUMAR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)