← Library
Calcutta High CourtWPA/8/2022disposed

Sudhangshu Ranjan Das v. State Of West Bengal And ORS

2020-10-14Hon'Ble Justice Shampa Sarkar2 pages

14.10.2020 Through Video Conference Item no. 91 Dd WPA 7899 of 2020 Sudhangshu Ranjan Das Vs.

State of West Bengal & Ors.

Mr. Ranjit Chatterjee ... ... For the Petitioner None appears on behalf of the respondents despite service.

The petitioner apprehending that he will not get any pension after retirement has filed this writ petition with a direction upon the District Inspector of Schools (S.E.), Siliguri for consideration of the representation of the petitioner dated May 30, 2020 seeking pensionery benefit upon condoning the shortfall in his service tenure. The petitioner who is due to retire in January, 2022 does not qualify for pensionery service and there is a shortfall of around one and a half years. The petitioner submits that the petitioner had already rendered 30 years of unapproved service in the concerned school.

Petitioner relies on judgments of this Court wherein similar orders have been passed directing the authorities to release the pensionery benefits to similarly situated persons.

Without going into the merits of the claim of the petitioner, this writ petition is disposed of with a direction upon the District Inspector of Schools (S.E.), Siliguri to consider the representation of the

writ petitioner being annexure - P/14 to the writ petition. The District Inspector of Schools (S.E.), Siliguri will hear the petitioner, the School authorities and other interested persons who deserve to be heard.

Upon hearing all concerned, a reasoned order should be passed and communicated to all parties. The petitioner will be granted opportunity by the concerned authority to rely on the relevant decisions of this Court which may be in his favour. The authority concerned shall pass a reasoned order upon taking into consideration the entire fact and the Judgments relied on by the petitioner. The reasoned order should be passed and communicated to the petitioner and the school authorities.

The entire exercise should be completed within a period of eight weeks from the date of communication of this order.

(Shampa Sarkar, J.)