STATE OF WEST BENGAL Vs. KARTICK CHANDRA DAS

JUDGEMENT

(1.) The facts of this case are very similar to those in Haradhan Mahato v. The State of West Bengal and Ors. reported in 2013(3) CLJ(Cal) 520. To highlight this factual identity, we set out paras. 9, 10, 11, 12 and 13 of the said judgement:-

(2.) In this case, the first respondent-writ petitioner joined the concerned school as a member of the organizing staff in 1971. On 29th September 1992, the district level inspection team (DLIT) carried out the usual inspection of the school. It was recognised on 1st May 2000. On 10th August 2000, the said respondent's appointment was regularised with effect from 1st May 2000. He retired after 26th February 2005.

(3.) Under the West Bengal Recognized Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981, the qualifying service is ten years. Under paragraph 7(b) of the scheme, the service has to be continuous and of a whole-time approved employee. Paragraph 7(e)(iv) stipulates that the government has a discretion to condone 'a deficiency of six months in the qualifying service of the employees .... ... .... Educational institutions/Organisations.'