Calcutta High Court (Appellete Side)
Smt. Alpana Majumder vs State Of West Bengal And Ors on 6 April, 2021
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
BEFORE:
The Hon'ble Mr. Justice Ravi Krishan Kapur
WPA 3873 of 2008
Smt. Alpana Majumder
Vs.
State of West Bengal and Ors.
For the petitioners : Mr. Krishanu Banik
For the respondent no.7 : Mr. Lakshmi Kanta Pal
Mr. Bandhu Brata Bhula
For the State : Mr. Joytosh Majumdar, Ld. G.P.,
Mr. Supriyo Chattopadhyay
Ms. Iti Dutta
Heard on : 02.03.2021
Judgment on : 06.04.2021
Ravi Krishan Kapur, J.:
1. The petitioner assails a communication issued by the Assistant
Secretary, School Education Department (the respondent no.2) dated
27.04.2007/24.05.2007 rejecting the prayer of the petitioner for
counting her past service in an unaided institution in calculating her
pensionable benefits.
2. The brief facts of the case are that the petitioner after completion of
her Bachelor's Degree in Education from the Burdwan University in
1984 joined as an Assistant Teacher in a school recognized by the
West Bengal Board of Secondary Education namely the Burnpur Girl's
High School (GS), P.O. Burnpur, District Burdwan. The petitioner
joined the said school on 2 May 1987 and continued with her service
till 5 December 2001. At the time of her release from service the
petitioner's monthly salary was Rs 8298.50/-.
3. Pursuant to an advertisement inviting applications for selection of
candidates for the post of Headmaster/ Headmistress/
Superintendent of Senior Madrasahs in recognised non government
aided schools, the petitioner duly applied for the same. Thereafter,
following an interview the petitioner's name was recommended by the
Secretary/ Assistant Secretary, West Bengal Regional Schools Service
Commission Eastern Region, Burdwan to The Secretary Managing
Committee, Durgapur Pallymangal Balika Vidyamandir, Samabay
Pally, Bally, District Howrah for the post of Head Mistress in the said
school by Memo No.28(4) APPH/HM/SSC(ER).
4. Subsequently, the petitioner was issued a letter of appointment on 17
October 2001 and the petitioner joined service as a Headmistress on 6
December 2001. The said appointment was subsequently approved by
the District Inspector of Schools Education (SE) Howrah by Memo No.
361/1(3)/SSC dated 19 March, 2002.
5. Thereafter, the petitioner made an application on 25 November 2002
to the Director of Schools Education (SE) Government of West Bengal,
Bikash Bhawan, with a request to pass necessary orders for counting
of her past service alongwith the recovery of her provident fund
deductions and to have her previous provident fund balance
transferred to her subsequent service account.
6. After having exchanged diverse correspondence between the petitioner
and respondent authority, the Assistant Secretary School Education
Department (Secondary Branch) Government of West Bengal by a
Memo No. 464-SE (S)/2p-3/0-6 dated 27.4.2007/24.05.2007 held
that the past service of the petitioner could not be counted in terms of
G.O No 180-Edu(8)/IM-33/88 dated 20 May 1988 ("the impugned
communication").
7. It is contented on behalf of the petitioner that since the petitioner had
rendered services from 02 May 1987 to 5 December 2001 at the
Burnpur Girl's High School, which is a West Bengal Council of Higher
Secondary Education recognised school, the petitioner was entitled to
all her past service benefits although the school was neither receiving
dearness allowance nor was the school a government aided school. It
is also alleged on behalf of the petitioner that the petitioner had
retired from service on 31 January 2017 and had been receiving
pension of Rs 11955/- with effect from 1 February 2017. It is further
submitted that the total qualifying service period for the petitioner had
been calculated for a period of 15 years 1month and 26 days which
excluded her service period served at Burnpur Girls' High School.
8. On behalf of Managing Committee, Burnpur Girls' High School it was
submitted that the school was neither receiving dearness allowance
nor was it an aided school. Moreover, neither Memo dated 27.4.2007
nor Memo dated 20 May 1988 applied to the said school. On the
contrary, the school was fully financed and controlled by the Indian
Iron and Steel Company Ltd. It was also submitted that the school has
no pension scheme for the teaching or the non-teaching staff working
at the said school.
9. On behalf of the State respondents reliance was placed on the
Government Order dated 20 May 1988 which provided as follows:
"that services rendered by a teaching or non teaching
employee in unaided institution or institutions shall be
counted towards pensionable service provided at the time
of retirement/death/superannuation of the employee
concerned the institution of institutions in which the
incumbent served received aid from the government or any
other body authorised by the government for the purpose."
Accordingly, it is submitted that since the Burnpur Girls' High School
had exclusively been funded, administered and controlled by the
Indian Iron and Steel Company Ltd., the petitioner was not entitled to
have her past services taken into account. It was also submitted that
since the petitioner had subsequently worked in an aided school i.e.
Durgapur Pallymangal Balika Vidyamandir, Samabay Pally, Bally,
District Howrah from 6 December, 2001 until her retirement on 31
January, 2017 she had been duly provided with appropriate
pensionary benefits for the relevant period.
10. I have heard the parties and have also considered the submissions
made on their behalf.
11. I am of the view that the Government Order dated 20 May 1988
categorically provides that a person shall only be entitled to have his or
her past services counted towards pensionable service provided the
person has rendered his or her services to a school which has been
aided by the Government. I find that the Burnpur Girls' High School
where the petitioner worked as an Assistant Teacher was never aided
by the Government or by any authority of the State. In fact, I find that
the State had never contributed towards staff payments of that
particular institution. I also find that the Burnpur Girls' High School
has always been run, controlled, administered and financed by the
Indian Iron and Steel Company Limited. Accordingly, I am of the view
that the Burnpur Girl's High School though recognised by the West
Bengal Board of Secondary Education is not an aided institution.
12. I find that the authorities relied on by the petitioner have no
application to the facts and circumstances of the instant case and are
distinguishable. I reiterate that no aid or dearness allowance was ever
provided to the Burnpur Girls' High School and thus the relevant
Government circular being G.O No.180-Edu (8)/IM-33/88 dated 20
May 1988 is inapplicable to the petitioner in the facts of the instant
case.
13. For the foregoing reasons, I am of the view that the impugned
Memorandum does not warrant any interference whatsoever. There is
no illegality nor perversity nor contravention of any law which justifies
any interference with the impugned Memorandum. Hence, I find that
the prayer of the petitioner for counting her past services in an unaided
institution in calculating pensionable benefits has been rightfully
rejected.
14. Accordingly, WPA No.3873 of 2008 is dismissed. However, there will
be no orders as to costs. IA CAN No.1 of 2008 (Old CAN No.7183 of
2008) and IA CAN No.2 of 2017 (Old CAN No.2404 of 2017) also stand
disposed off.
15. Urgent certified photostat copies of this judgment, if applied for, be
given to the parties upon compliance with all necessary formalities.
(Ravi Krishan Kapur, J.)
