Authority: Calcutta High Court

Order Date: 03 July 2026

Case Overview

  • Appellants: Dr. Basudeb Dasgupta and other teaching staff of Bidhan Chandra Krishi Viswa Vidyalaya, West Bengal.
  • Respondents: State of West Bengal and others.
  • Appeals: FMA 338 of 2024 (appellants vs State) and FMA 339 of 2024 (State vs appellants).
  • Origin: Challenge to a 04‑06‑2018 Single Bench order which upheld a Governor’s notification dated 13‑12‑2016 that restrained granting extensions, re‑employment or renewal of employment in all state universities.
  • Background: Earlier Governor notification dated 18‑05‑2009 allowed re‑engagement of teachers meeting criteria; appellants were re‑engaged under this for up to two years. After the 13‑12‑2016 notification, their service was discontinued. They sought recognition of the extended service for pensionable length and claimed that last drawn enhanced pay should determine pension benefits.

Court Reasoning

  • The Court noted that extensions granted before the 13‑12‑2016 notification could not be interfered with, but emphasized that any post‑notification extensions are ad‑hoc, intended only for project completion, and cannot increase pensionable service length.
  • The Court rejected the argument that the last drawn enhanced pay should be used for pension calculation.
  • It held that length of service is measured by original employment; extensions are not a right and do not count toward pensionable service.
  • Even assuming the extensions were valid, they remain ad‑hoc and do not affect pension benefits.
  • The expression “extension of service is granted in exceptional cases and is not a matter of right” in the 13‑12‑2016 notification supports this view.
  • Consequently, the impugned order dated 04‑06‑2018 does not warrant interference.

Final Outcome

  • Both appeals (FMA 338/2024 and FMA 339/2024) are dismissed.
  • All connected pending applications, if any, are disposed of.
  • Any interim order, if existent, is vacated.
  • Parties are directed to act on the server copy of the order downloaded from the official court website.

Topics: Pension Benefits, Employment Extension, University Governance