Pradip Kr. Saha & ORS. v. State & ORS.

16.12.2024 Court No. 25 D.Hira WPA 16060 of 2012 Pradip Kumar Saha & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Prahlad Chandra Ghosh, Mr. Subir Hazra.

... for the petitioners Mr. Prasanta Kumar Giri.

... for the State 1.

The present writ petition is to seek relief that the period of shortfall for being eligible for pension, of the petitioners, be condoned, treating them to be eligible for grant of pension.

2.

The writ petitioners have been the school teachers, who have not reached the eligibility criteria of ten years of qualifying service for grant of pension to them, due to short-fall of the service period for about one and half years/two years, as the case may be. 3.

Mr. Prahlad Chandra Ghosh, learned counsel appearing for the petitioners, seeks parity with the writ petitioners in WPA no. 16057 of 2012, in which by dint of the Court's order, the grievance of the petitioners there, as ventilated by the representation submitted by them before the respondent authorities, are to be considered by the said respondent authorities, in accordance with law.

4.

Similar prayer has been made on behalf of the writ petitioners in the present case, so that the present writ petition be treated as their representation and be considered by the concerned respondent authorities.

5.

Mr. Prasanta Kumar Giri, learned counsel is representing the State.

6.

Heard the submissions and perused the records, in view of the innocuous prayer made on behalf of the writ petitioners, the Court is inclined to direct the respondent no. 2/The Director of School Education (now Commissioner of School Education), to treat the present writ petition as the representation of the writ petitioners and consider their prayer as made therein, after granting them a reasonable opportunity of hearing. The same may be disposed of by the respondent no. 2, by dint of a reasoned order and positively within a period of six weeks from the date of submission of copy of this order, along with copy of the writ petition, before it.

7.

With the above observations and directions, the writ petition being WPA 16060 of 2012 is disposed of, along with the pending applications, if any.

8.

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

(Rai Chattopadhyay, J.)