SUBHAS CHANDRA CHAKRABORTY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred challenging the order dated 6th March, 2004 passed by a learned Judge of this Court whereby and whereunder the said learned Judge dismissed the writ petition on merits without granting any relief to the appellant-petitioner herein. The appellant-petitioner herein is aggrieved since the pensionary benefits of the said appellant-petitioner were denied for non-fulfillment of minimum qualifying service.

(2.) It is not in dispute that the appellant-petitioner herein was required to complete 10 years of qualifying service on the date of superannuation for the purpose of enjoying the pensionary benefits. In the present case, said appellant-petitioner completed only 9 years 11 months 17 days of service on the date of superannuation and thus, there is a clear deficiency of 13 days service to complete the prescribed period of 10 years qualifying service in order to be eligible for enjoying the pensionary benefits in accordance with law.

(3.) Mr. Chatterjee, learned Counsel representing the appellant-petitioner submits that the appellant-petitioner was duly empanelled for appointment to the post of Primary School Teacher but the authority concerned did not issue appointment letter in time in favour of the said appellant-petitioner as a result whereof, the appellant-petitioner could not join the service earlier in spite of being empanelled as a successful candidate. Mr. Chatterjee further submits that the appellant-petitioner was appointed by the authority concerned on 14th May, 1987 pursuant to the specific order passed by this Court in the writ petition filed by the appellant-petitioner herein.