Jyotsna Goswami v. State Of West Bengal And ORS.

10.04.2024.

Court No. 13 Item No. 184 ap W.P.A. No. 6173 of 2024 Jyotsna Goswami

Versus

The State of West Bengal & Ors.

Mr. Srikanta Datta.

...For the petitioner.

Mr. Dipanjan Datta, Mr. Asit Baran Mukherjee.

...For the State.

1. Affidavit-of-service filed in Court today be taken on record.

2. The petitioner joined Uttar Bangi Primary School, Balurghat Sadar Circle on 5th April, 1989 and rendered continuous service till 14th May, 2002.

3. Owing to a medical condition, she could not join the service until her superannuation till 1st February, 2012. She had made repeated applications for voluntary retirement on medical grounds since 2012, which was declined by the respondents.

4. Mr. Datta, Counsel for the State opposes the petitioner's prayer for pension and prays for dismissal of the writ petition.

5. This Court notices that the District Inspector of Schools (PE), Dakshin Dinajpur has by a letter dated 13th January, 2023 recommended her case for pensionary benefits.

6. In those circumstances, without remanding the matter back to the respondents any further, this Court

in exercise of power under Article 226 of the Constitution of India, directs as follows:

7. Since the respondents did not take any decision on the continued absence of the petitioner, the period from 14th May, 2002 till her superannuation on 31st January, 2012 shall be treated as extraordinary leave without pay. The petitioner shall not be entitled to any sums of pay or allowance during that period.

8. However, for the purpose of calculation of pension, the last drawn pay of the petitioner as it would have stood on the date of superannuation, after applying all ROPAs and increments shall be notionally calculated by the District Inspector of Schools (PE), Dakshin Dinajpur within a period of 4 weeks from date and forwarded to the Director of Pension, Provident Fund and Group Insurance, West Bengal.

9. The Director of Pension, Provident Fund and Group Insurance shall thereafter issue Pension Payment Order and release pension to the petitioner within a period of one month of receipt of papers from the District Inspector of Schools (PE), Dakshin Dinajpur. 10.

The District Inspector of Schools (PE), Dakshin Dinajpur shall obtain all necessary documents from the concerned Sub-Inspector of Schools.

11.

With the aforesaid directions, the instant writ petition shall stand disposed of.

12.

There will be no order as to costs.

13.

All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)