JAI SHANKAR SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was initially appointed as an Assistant Teacher in Gyan Bharati Vidyapith which is a D.A. getting school, on 1st April, 1972. He rendered his service in the said school till 13th February, 2006. Subsequently he joined his service in Arya Bikash Vidyalaya as Headmaster on 14th February, 2006 and ultimately retired from service on superannuation with effect from 30th January, 2011. Arya Bikash Vidyalaya is admittedly a recognised non-Government aided institution. After his retirement, the petitioner claimed pensionary benefit. His claim for pensionary benefit was rejected by the concerned District Inspector of Schools, Secondary Education, Kolkata as he did not complete qualifying period of service in any aided institution. By referring to the Government Order No. 131 SE(B) dated 19th April, 2006 and Government Order No. 14 SE(B) dated 8th January, 2007, it was held by the concerned District Inspector of Schools that the service which the petitioner rendered in Gyan Bharati Vidyapith, the D.A. getting school for the period from 1st April, 1972 to 13th February, 2006 cannot be counted as reckonable service towards pension. As such, the prayer of the petitioner for grant of pension was rejected by the concerned District Inspector of Schools.

(2.) The said order of the concerned District Inspector of Schools dated 8th April, 2011 contained in annexure "P-4" to this writ petition at page 30 is under challenge in this writ petition at the instance of the said retired Headmaster.

(3.) Let me now consider as to how far the concerned District Inspector of Schools was justified in rejecting the petitioner's claim for pension in the facts of the instant case.