Calcutta High CourtWPA/8691/2022dismissed as not pressed

Jnan Bhushan Majhi v. State Of West Bengal And ORS.

2023-07-25Hon'Ble Justice Biswajit Basu2 pages

25.07.2023 Item No.5 & 6 Court No.18 (P.Jana) W.P.A. 7938 of 2022 with W.P.A. 8691 of 2022 Jnan Bhusan Majhi -Vs- The State of West Bengal & Ors.

Mr. Tarapada Das.

.....for the petitioner.

Mr. Jayanta Samanta, Mr. Manas Kumar Sadhu.

.....for the State.

Ms. Ina Bhattacharyya.

.....for the School Authority.

Re: W.P.A. 8691 of 2022 The petitioner Jnan Bhushan Majhi in compliance with the direction passed by this Court on July 18, 2023 is personally present before this Court. He does not want to press the writ petition being WPA 8691 of 2022. In view of such stand of the petitioner, WPA 8691 of 2022 is dismissed as not pressed without any order as to costs, as such, his personal appearance is dispensed with. Re : WPA 7938 of 2022.

The petitioner was an approved Assistant Teacher of Baghmundi High School, District: Purulia. He retired from his said service on September 30, 2011.

The petitioner is praying disbursement of his pension and other retiral benefits.

Mr. Samanta, learned advocate for the State files the instruction he has received from the District Inspector of Schools (SE), Purulia, the respondent no. 3 herein bearing Memo No: 132/LS/PRL dated July 24, 2023, let it be kept with the record.

It appears from the said report that the respondent no .3 accorded the approval of the appointment of the petitioner against an additional post for his M.A.(English) qualification. The certificate of the said qualification was subsequently found to be fake. The petitioner remained absent from the school for the period from September 25, 1992 till his retirement besides a criminal proceeding, a proceeding for deemed resignation under the relevant Rules has been initiated against the petitioner.

The petitioner, against the aforesaid background, is not entitled to the relief as prayed for.

WPA 7938 of 2022 is dismissed without any order as to costs.

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

(Biswajit Basu, J.)