Calcutta High Court (Appellete Side)
Madan Mohan Moi vs The State Of West Bengal & Ors on 17 May, 2023
05. 17.05.2023
bd. Ct.15 W.P.A. 3560 of 2012
Madan Mohan Moi
-vs-
The State of West Bengal & Ors.
Mr. Kalyan Kumar Panda
... for the petitioner.
Petitioner was an approved assistant teacher
in a Government aided high school who retired on
superannuation on 31st May, 2005. Petitioner was
accorded approval of appointment being a bonafide
organising teacher by the concerned District
Inspector of Schools (SE), Bankura, vide memo
dated 25th September, 2000 with effect from 1st
May, 2000 upon granting recognition to the school
where petitioner was serving as organising teacher.
After discharging duty being an approved assistant
teacher for a period of five years one month
petitioner retired and thereafter paid all other
superannuation benefits excepting pension since it
was found by the department that service rendered
by the petitioner as an approved assistant teacher is
less than 10 years. A memo was issued dated 23rd
May, 2006 without releasing pensionary benefits in
favour of the petitioner.
Petitioner in the present writ petition
questions non-payment of pensionary benefit
ignoring the service rendered by him as an approved
assistant teacher with effect from 1st May, 2000 and
prior to that it has been submitted by the learned
advocate for the petitioner that petitioner rendered
2
service as an organising teacher in the school with
effect from 1972.
Petitioner has claimed sanction of pensionary
benefits taking into consideration service rendered
by the petitioner as an organising teacher prior to
grant of approval on 1st May, 2000 in order to fulfil
the condition of 10 years service as contained in
DCRB Scheme, 1981 which would entitle the
petitioner to receive pension. In support of such
contention learned advocate for the petitioner has
relied upon the judgments delivered by the Hon'ble
Single Bench and Hon'ble Division Bench of this
Court.
No one is representing the State respondents
and no accommodation has been prayed for.
Having considered the submissions made on
behalf of the petitioner the Principal Secretary,
School Education Department, being the
respondent no. 1 is directed to take decision on the
claim of the petitioner to grant pensionary benefits
within a period of twelve (12) weeks from the date of
receipt of comprehensive representation from the
petitioner. Petitioner is granted leave to make a
representation within a period of fortnight from this
date.
The Principal Secretary is directed to take
such decision after granting opportunity of hearing
to the petitioner or his representative and to pass
reasoned order. The reasoned order to be passed by
the Principal Secretary shall be communicated to
the petitioner within one week thereafter.
With the aforesaid directions the writ petition
stands disposed of. However, there shall be no order
as to costs.
Urgent photostat certified copy of the order, if
applied for, be given to the parties, upon usual
undertakings.
(Saugata Bhattacharyya, J.)
