BHOLANATH ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A retired school teacher by presenting this petition dated November 28, 2001 seeks release of service benefits including retiral dues which, according to him, have been withheld by the concerned respondents to add to the agony suffered by him right from May, 1987. It is, however, not in dispute that during the pendency of the present proceedings, dues towards gratuity and arrear pension have been released. He is also in receipt of monthly pension. What survives for decision is whether he is entitled to arrear salary amounting to Rs.11,76,242/-, provident fund dues and interest on delayed payment of gratuity and pension.

(2.) The genesis of the dispute giving rise to this petition may now briefly be noticed from the petition.

(3.) The petitioner joined as Assistant Teacher of Nandanpur Rupchand Academy (hereafter the school) on July 20, 1964. He could not attend to his duties since July 7, 1987 allegedly because of intimidation of a member of the Managing Committee of the school Sri Kalobaran Manna. Several notices were issued asking him to show cause for unauthorized absence. He replied to such notices. Ultimately another notice dated August 8, 1988 was issued against the petitioner, which was challenged by him by instituting writ proceedings before this Court. He prayed for quashing of such notice together with direction for release of unpaid salary and allowance since May, 1987. The writ petition was allowed by judgment and order dated May 10, 1991. The impugned show cause notice was declared ultra vires being violative of Regulation 28(8) of the Management Rules, 1969. The Superintendent of Police, Hooghly, the Officer-incharge, Khanakul Police Station and the District Inspector of Schools (S.E.), Hooghly (hereafter the DIoS) were directed to take immediate steps for resumption of duties by the petitioner as an Assistant Teacher of the school.