Sukhen Sarkar v. State Of West Bengal And ORS.

ML36 Dt. 04.12.23 sandip Ct. 18 03.01.2024 W.P.A. 2809 of 2023 Sukhen Sarkar Vs.

The State of West Bengal & Ors.

Mr. Tulshi Das Ray, Mr. Tirthankar Roy ... For the petitioner. Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee ... For the State. The petitioner was an approved Clerk of Majdia Railbazar High School (H.S.), District - Nadia, on attaining the age of superannuation he has retired from his said service on November 30, 2022. There is a shortfall of 2 months 27 days in qualifying service of the petitioner to get the benefit of pension. In terms of Paragraph 7(e)(iv) of the West Bengal Recognized Non-Government Educational Institution Employees (Death cum Retirement Benefit) Scheme, 1981, the deficiency of six months in qualifying service of the employees of non-Government/ Sponsored/Aided Educational Institutions/Organizations is condonable, as such the aforementioned shortfall of 2 months 27 days in qualifying service of the petitioner is condoned. The Pension Sanctioning Authority is directed to process the pension papers of the petitioner as expeditiously as possible in accordance with law.

W.P.A. 2809 of 2023 is thus disposed of with the above terms without any order as to costs.

Parties to act on the server copy of this order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)