Srikanta Kumar Hudait v. State Of West Bengal And ORS.

10.01.2025 Item No.19, DL Ct.19 A.J.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 30624 of 2024 Srikanta Kumar Hudait -Vs- The State of West Bengal & Ors.

Mr. Dilip Kumar Syamal.

.......for the petitioner.

Mr. Biswabrata Basu Mallick, Ld. A.G.P., Mr. Biman Halder.

......for the State.

Mr. Gourav Das.

.......for the DPSC, 24-parganas (South).

Affidavit of service filed on behalf of the petitioner be kept with the record.

The petitioner was an Assistant Teacher at Shibgunge Free Primary School, a school under the District Primary School Council (DPSC in short), 24-Parganas (South);

he was transferred to Indrapur Taltala Kamalakanta Free Primary School and on attaining the age of superannuation, has retired from the said service on March 31, 2019. There is a shortfall of 11 months 13 days in qualifying service of the petitioner to get the benefit of pension. The petitioner is praying condonation of the said shortfall.

Mr.

Biswabrata Basu Mallick, learned Additional Government Pleader and Mr. Gourav Das, learned advocate for the DPSC, 24-Parganas (South) jointly submit that in view of the judgment

of the Hon'ble Division Bench of this Court in the case of Pannalal Mondal -Vs- The State of West Bengal & Ors. (MAT 288 of 2022), there is no scope to condone such shortfall.

WPA 30624 of 2024 is therefore dismissed without any order as to costs.

Urgent Photostat certified copies of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Biswajit Basu, J.)