Calcutta High Court (Appellete Side)
Abdul Latif vs The State Of West Bengal & Ors on 7 January, 2021
07-01-2021
ct no. 13
Sl.25
sp
WPA 11633 of 2020
Abdul Latif
-Versus-
The State of West Bengal & Ors.
Mr. Siddhartha Sankar Mandal
...for the petitioner
Mr. Tapan Kumar Mukherjee,
Mr. Shamim-ul Bari
...for the State
The petitioner was an Assistant Teacher in
Budhra Umedia Junior Madrasah. He worked
from March 2, 2009 till February 28, 2019 as a
permanent teacher without any blemish.
Upon retirement, the petitioner was
informed that he was one day short of the
minimum requirement of ten years of service for
the purpose of pensionary and retirement
benefits.
He made representation to the Minority
Affairs and Madrasah Education Department for
condonation of one day in qualifying service for
pensionary benefits. The Additional Secretary of
Minority Affairs and Madrasah Education
Department by communication dated July 13,
2020 rejected the same relying upon para 7(e)(iv)
of the West Bengal Recognized Non-Government
2
Educational Institution employees (Death-cum-
Retirement Benefit) Scheme 1981.
Mr. Tapan Kumar Mukherjee, learned
senior counsel representing the State placed Rule
7(e) under Chapter-III of Annexure-1 of the
Scheme called "West Bengal Recognized Non-
Government Educational Institution employees
(Death-cum-Retirement Benefit) Scheme 1981"
and placed the note to Rule 7(e)(iv) which is set
out herein below.
Note: The deficiency should not be
condoned with a view to make up the minimum
prescribed qualifying service for the purpose of
death gratuity of family pension. In other cases
power should be restricted to the employees
drawing pay not exceeding Rs. 425.00 per month
at the time of retirement on invalid or
compensation pension.
He argues that the impugned order dated
July 13, 2020 was, therefore, strictly in
accordance with the Scheme in question.
Per contra, the learned counsel for the
petitioner has placed a Memo dated February 2,
2009, which stated to be, inter alia, as follows.
"In terms of para 7(e)(iii) of the West Bengal
Recognized Non-Government Educational Institution
Employees (DCRB) Scheme, 1981, fractions of a year equal
to six months and above shall be treated as completed six
monthly period for the purpose of calculation if any pension
under the said scheme in case of Government employees, a
fraction of a year equal to three months and above is
treated as completed six monthly period of service and
reckoned as qualifying service for the purpose of
pensionary benefits in terms of Memo No. 14971-F dated
16-12-83
Government in School Education for sometime
past was considering extension of the said benefit to
employees of Non-Govt. Aided Educational Institutions.
After careful consideration of the matter the
Governor is pleased to decide that a fraction of a year equal
to three months and above shall be treated as completed
six monthly period of service and reckoned as qualifying
service for determines retirement benefits and the period of
service below three months will be ignored.
This order shall be deemed to have taken effect from
the date of issue of this order.
This order issues with the concurrence of Finance
Department vide their U/O No.896, Pension Br., Dated 17-
12-08.
The Pension cases already settled need not to be re-
opened.
Sd/-
S. Mahapatra
O.S.D.E.O Joint Secretary"
It is therefore apparent and clear that
relaxation is permitted for payment of pension
in terms of the aforesaid Memo dated
02.02.2009.
In addition thereto, counsel for the
petitioner would rely on a decision of a Co-
ordinate Bench of this Court dated November
17, 2020 passed in WPA 8623 of 2020 (Bhupesh
Candra Bhowmick vs. State of West Bengal &
Ors.), where a period of 28 days short of ten
years was directed to be condoned and pension
and retirement benefits were allowed to the
petitioner therein. The petitioner therein was
also an Assistant Teacher in Uttar Padua Free
Primary School under the Joynagar Circle. The
Co-ordinate Bench relied upon another decision
of another Co-ordinate Bench of this Court
dated June 19, 2014 passed in WP 14229 (W) of
2014, where a period of 42 days being shortfall
from ten years was condoned and retirement
benefits were allowed.
This Court notices in the instant case that
there is only one-day shortfall from ten years.
In those circumstances, taking an
equitable view of the matter and given fact that
the petitioner has diligently and without blemish
served as an Assistant Teacher in the Madrasah
concerned, the Minority Affairs and Madrasah
Education Department of the West Bengal is
hereby directed to condone the delay of one-day
that the petitioner is falling short of and approve
his case for pension and other retirement
benefits under the DCRB Scheme of 1981 of the
Government of West Bengal.
Let such clearance be effected within a
period of one month from the date of
communication of a copy of this order. Upon
such clearance, the Secretary, Minority Affairs
and Madrasah Education Department,
Government of West Bengal shall forward the
petitioner's case to the Directorate of Pension
and Provident Fund and Group Insurance who
shall complete the computation of pensionary
and other retirement benefits payable to the
petitioner within a period of one month
thereafter and pension must be released to the
petitioner immediately thereupon.
It is needless to mention all formalities in
this regard as required by the Minority Affairs
and Madrasah Education and the Directorate of
Pension shall be complied with by the petitioner
and the Madrasah in question as also the D.I. of
Schools (SE), Uttar Dinajpur expeditiously.
With the aforesaid direction, the writ
petition is disposed of.
There shall be no order as to costs.
Urgent photostat certified copy of this
judgment, if applied for, be given to the parties
upon compliance of all formalities.
(Rajasekhar Mantha, J.)
