PRABIR PROSAD ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner who has pressed WPA No. 17718 of 2016, has displayed great fortitude and consistency over the course of the previous three decades in fighting for a cause of action which has never been truly resolved in spite of multiple interventions before this writ court. As a cathartic measure, the petitioner has now mounted a challenge principally, to the provisions of clause 7(e)(iv) of Chapter - III and provisions of Chapter 8 of Chapter -IV of the West Bengal Recognised Non-Government Educational Institutions Employees (Death-cum-Retirement Benefit) Scheme, 1981 (hereinafter referred to as the "1981 Scheme")

(2.) The facts of this case possess a chequered history and in so far as they are material to this writ petition are circumscribed within a narrow compass and is encapsulated as follows:

(3.) At the onset of his submissions, Mr. Anami Sikdar, the learned counsel for the petitioner had conceded that the conspicuous impediment apropos the pendency of the writ petitions, which the petitioner was compelled to press time and again before this Court, was beyond his control. However, Mr. Sikdar has strenuously contended that as far as the inertness of the various omissions of the State Respondents are concerned, that should not be overlooked by this Court when considering the petitioner's case for the grant of pensionary benefits.