Authority: Hon'ble Court (Presiding Judge Reetobroto Kumar Mitra)
Order Date: 01 July 2026
Case Overview
- Petitioner: Tapan Jyoti Paul, former employee of Bangiya Gramin Vikash Bank (1982‑2014), dismissed following disciplinary proceedings for sanctioning a loan without required paperwork.
- Respondents: West Bengal Gramin Bank and others, including the Bank’s Chief Manager (HR) and the Trustees of the Employees Pension Fund Trust.
- The petitioner applied for a compassionate allowance under Clause 29 of the Bangiya Gramin Vikash Bank Notification dated 31 October 2018, which permits employees dismissed after the notification to seek such allowance if special circumstances exist.
- The initial application was rejected by the Chief Manager and Trustee on 4 December 2024; the petitioner challenged this in writ petition WPA 10589 of 2025.
- The Court on 11 November 2025 directed the authority to revisit the claim with a reasoned order. The authority again rejected the claim on 22 January 2026, stating the petitioner did not fall within ‘special circumstance’.
- The petitioner contended that the rejecting authority (Chief Manager/Board of Directors) lacked jurisdiction, as Regulation 7(1) vests pension‑related decisions solely with the Board of Trustees.
Final Outcome
- The Court set aside the order dated 22 January 2026 on the grounds of jurisdictional deficiency and lack of reasoning regarding ‘special circumstance’.
- The Board of Trustees of the Bank is directed to reconsider the petitioner’s application for compassionate allowance under Rule 29(1) afresh and to pass a reasoned order within eight weeks from the date of this order.
- The resultant order must be communicated to the petitioner within ten days of its issuance.
- No order as to costs.
- An urgent certified copy of the order shall be provided to the parties on priority.
Topics: Compassionate Allowance, Bank Pension