Subha Prasad Nandi Majumdar vs State of West Bengal Service 2025 INSC 910 - Service Law - Fraternity

Service Law - Extension of the retirement date, dependent on past experience of teaching in a university or a college located in West Bengal alone has no object to subserve and as such classification of employers into those who have acquired teaching experience in West Bengal and those who acquired such experience outside West Bengal is artificial, discriminatory and arbitrary- To insist on past teaching experience of 10 years within the State of West Bengal for extension of service, particularly when the employee has already worked for fourteen years is arbitrary and illegal. (Para 20-21)  [Context: Calcutta HC judgment upheld the University and State's stance that a government Notification dated 24.02.2021 extending the retirement age from 60 to 65 years is inapplicable to him due to non-satisfaction of the10-year continuous teaching condition in a university situated in West Bengal- Allowing appeal, SC observed: Notification’s intent was not to exclude employees with experience from universities outside the State of West Bengal. The text, the context, and the objective of the Notification reveal that, its purpose was solely to distinguish between state-aided and private institutions. Classifying employees based on past teaching experience from Universities within or outside West Bengal, particularly at the verge of retirement, after having served for decades lacks nexus and discernible object.

Fraternity - The principle of fraternity never asserts itself. It is the duty of the constitutional court to recognise its erosion, even in the bylanes of public administration and to restore the essential ‘We’ to ensure the unity and integrity of the nation. (Para 4)

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