ADYA PRASAD BOSE Vs. SECRETARY DEPARTMENT OF EDUCATION

JUDGEMENT

(1.) The Court: The petitioner in this art.226 petition dated September 27, 2004 is seeking a mandamus commanding the respondents to pay him all retirement benefits including pension. As will appear from the appointment letter dated June 1, 1969, Annexure P1 at p.17, he was appointed as an Assistant Teacher in Ghola High School in Ghola of the district 24 Parganas with effect from June 16, 1969. It is evident from the order of the Additional District Inspector of Schools (S.E.), 24 Parganas dated November 25,1978, Annexure P1 at p.18, that his appointment as an Assistant Teacher of Work Education in the institute was approved temporarily as from June 1, 1969. On reaching the age of superannuation, as will appear from the institutes notice dated August 3, 2004, Annexure P7 at p.32, he retired from service on January 31, 2005. He has not been paid any retirement benefits.

(2.) The respondents have refused to pay him retirement benefits on the ground that he is yet to establish his nationality and produce documents in support of his educational qualifications. It will appear from the certificate dated September 16, 1966, Annexure P2 at p.19, that in 1966 he had a Bachelors degree in Commerce from the Rajshahi University. It is thus evident that in 1966 he was a citizen of the then East Pakistan, and that migrating to India he obtained the employment in the school in June, 1969. His case is that communal disturbances in the then East Pakistan resulted in his displacement and migration to West Bengal.

(3.) I am unable to appreciate the manner in which the respondents treated the petitioner who served the institute uninterruptedly from June, 1969 till January, 2005 when he retired. It is not the case that he was not paid his salary and allowances regularly. He was paid all benefits as an assistant teacher and his pay was revised from time to time with necessary approvals of the district inspector of schools. I am, therefore, unable to see what special thing could prompt the respondents to raise the issues concerning his nationality and educational qualifications after his retirement from service.