In Jaya Bhattacharya v/s The State of West Bengal & Others., the appellant, appointed as a Lower Division Assistant in 1986, faced unauthorized absences from duty and complaints regarding being denied the opportunity to work. The case went through various legal proceedings, with a directive from the Tribunal in 2003 for the authorities to conduct a departmental inquiry. However, no such inquiry was conducted, leading to further legal actions. In 2011, the appellant’s unauthorized absences were treated as extraordinary leave, and her service was regularized.

   

The Supreme Court, after reviewing the case, concluded that the respondents' failure to conduct the departmental inquiry as ordered by the Tribunal and their treatment of the appellant’s absence as extraordinary leave meant the period should not be considered a break in service. Therefore, the appellant is entitled to pension benefits, with the directive for the authorities to finalize her pension within three months, excluding any arrears.