(Ab) vs The State Of West Bengal & Ors
2022 Latest Caselaw 486 Cal

Court No. 24                         W.P.A. 19060 of 2021
10.02.2022

(via video conference) (Item No. 1) Diptiranjan Seal (AB) VS The State of West Bengal & Ors.

Mr. Saibal Acharya Mr. Sukhendu Bikash Mukherjee Mr. Jagadish Chandra Halder ...... for the petitioner Mrs. Chama Mookherji Mr. Gourav Das ......... for the State

The petitioner is a retired Primary School Teacher.

She is aggrieved by the reasoned order dated 16th

December, 2019 passed by the Principal Secretary, School

Education Department refusing her prayer for grant of

pension.

The impugned order mentions that as the petitioner

did not attain ten years' qualifying service period,

accordingly, pension cannot be granted in her favour in

terms of the DCRB Scheme, 1981. The reasoned order

mentions that there is no provision in the Scheme for

condonation of deficiency in qualifying service for more than

six months.

In the present case there is a shortfall of nine months

and ten days.

Admittedly, the DCRB Scheme does not contain any

provision for condoning shortfall in qualifying service for

more than six months.

The present issue is already covered by the judgment

of this Court dated 23rd December, 2021 passed in WPA No.

2310 of 2020 (Dinesh Mondal Vs. The State of West Bengal

& Ors.)

In view of the above, no relief can be granted to the

petitioner in the instant case.

The writ petition fails and is hereby dismissed.

Urgent photostat certified copy of this order, if applied

for, be given to the parties after completion of all legal

formalities.

(Amrita Sinha, J.)