Calcutta High Court (Appellete Side)
Sankar Kumar Mondal vs The State Of West Bengal & Ors on 2 February, 2022
20
02.02.2022
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 7626 of 2021
(Via Video Conference)
Sankar Kumar Mondal
-versus
The State of West Bengal & Ors.
Mr. Arunava Pati,
Mr. Sasthi Charan Dhara.
...For the Petitioner.
Ms. Kakali Samajpaty.
...For the State.
The petitioner is a retired primary school teacher.
He retired from service on 29th February, 2020 on
attaining his normal age of superannuation.
The pension was however, not released in his
favour, as there is a shortfall in his qualifying service
period.
The petitioner served as a primary school teacher
for a period of 9 years 6 months and 12 days. As the
petitioner did not serve the qualifying period of 10
years, accordingly, pension was not paid in his favour.
The petitioner relies upon the Memorandum No.
26-SE(B)1/M-13/08 of the School Education
Department dated 2nd February, 2009 in support of his
claim for pension.
2
The petitioner also relies upon an unreported
judgment dated 23rd December, 2021 passed by a Co-
ordinate Bench of this Court in W.P.A. No. 2306 of
2020 (Sajan Kumar Mondal -vs- State of West Bengal &
Ors.).
The petitioner made a representation before the
respondent authorities on 1st March, 2021 praying for
sanction of pension in his favour and alleges that the
same has not been considered till date.
It appears that in Sajan Kumar Mondal (supra) the
Court took into consideration the judgment passed by
the Hon'ble Division Bench of this Court on 28th May,
2021 in MAT 1917 of 2019 (The State of West Bengal -
vs- Rabindra Nath Ghosh).
The Hon'ble Division Bench recorded that the
Scheme of 1981 contains a provision for condoning
deficiency of six months in qualifying service of the
employees of non-government /sponsored /aided
educational institutions/organisations.
The memorandum dated 2nd February, 2009
mentions that in terms of the DCRB Scheme 1981
fraction of a year equal to six months and above shall
be treated as completed six monthly period for the
purpose of calculation and a fraction of a year equal to
three months and above be treated as completed six
months period of service and reckoned as qualifying
service for the purpose of pensionary benefit.
In the present case, the shortfall is less than six
months. Accordingly, the petitioner will be entitled to
benefit of the memorandum dated 2nd February, 2009.
In view of the above, the instant writ petition is
disposed of by directing the Commissioner of School
Education, Government of West Bengal being the
respondent No.2 herein to take a decision with regard
to the representation filed by the petitioner praying for
condoning the shortfall in his qualifying service period,
strictly in accordance with law and in the light of the
judgments delivered by this Court in similar matters
within a period of twelve weeks from the date of
communication of a copy of this order.
The said respondent shall pass a reasoned order
and communicate the same to the petitioner
immediately thereafter.
If the aforesaid respondent is of the opinion that
the petitioner will be entitled to receive pension, then
necessary consequential steps shall be taken by the
said respondent for sanction of pension in his favour.
The petitioner is directed to forward a copy of his
representation dated 1st March, 2021 along with a copy
of the e-pension payment order issued in his favour and
copy of the judgments delivered by the Court in similar
matters to the aforesaid respondent at the time of
communicating the order of this Court.
The writ petition stands disposed of.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as
possible.
( Amrita Sinha, J.)
