Sukla Biswas v. State Of West Bengal And ORS.

13.12.2023.

Court No.13 Item No. 18 ap W.P.A. No. 18012 of 2022 Smt. Sukla Biswas

Versus

Eastern Coalfields Limited & Ors.

Mr. Shamim-ul Bari.

...For the petitioner.

Mrs. Lipika Chatterjee.

...For the State.

Mr. Arindam Chattopadhyay.

...For the DPSC, Nadia.

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

2. The petitioner joined as an Assistant Teacher under the District Primary School Council, Nadia, pursuant to the order of a Co-ordinate Bench of this Court dated 16th December, 2013 passed in W.P. No. 32377 (W) of 2013. She was empanelled and asked to submit documents by the Chairman of the District Primary School Council, Nadia under letter dated 20th April, 2010.

3. Despite submission of documents, verification was not done and the respondents remained silent until the aforesaid order dated 16th December, 2013 (supra) was passed by a Co-ordinate Bench of this Court. The petitioner was finally allowed to join the service on 7th March, 2014.

4. The petitioner superannuated from service on 31st July, 2023. There is a shortfall of eight months in the minimum qualifying period of ten years for pension.

5. Having regard to the fact and circumstances of the case that the petitioner was issued letter of appointment four years later than the other similarly situated candidates, the shortfall of eight months in qualifying period for pension, shall stand condoned in the instant case.

6. The Director of Pension, Provident Fund and Group Insurance, West Bengal being the respondent no.7 shall issue pension payment order to the petitioner on the basis of the last drawn pay and emoluments within a period of one month from the date of receipt of a copy of this order. The pension shall be commenced immediately thereafter. If any terminal benefits are outstanding towards the petitioner, the same shall be released in favour of the petitioner within a period of two months from date.

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

8. There will be no order as to costs.

9. 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.)