KASHI NATH NIYOGI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenge is to the orders dated September 12, 2011, April 27, 2012 and June 11, 2012 passed by the Director of Public Instruction, West Bengal with regard to release of pension and other retiral benefits in favour of the writ petitioner after adjustment of leave taken by him during the service period. The petitioner has contended that he retired as an Associate Professor from the Bolpur College, District Suri on September 30, 2009. The Governing Body of the said College fixed the scale of pay and other benefits in favour of the writ petitioner. Thereafter, the writ petitioner challenged the action and inaction on the part of the college authority for giving retiral benefits according to the scheme prevailing at that time by filing a writ petition being W.P. No.8993(W) of 2011 and the Hon'ble Court, Calcutta directed the Director of Public Instruction, West Bengal to adjudicate the issue, adjustment of overdrawn, if any.

(2.) Accordingly, upon hearing the petitioner and the college authority, the Director of Public Instruction, West Bengal passed an order for ascertainment of leave adjustment and an Inspection Committee was constituted and the said Committee submitted its report. Accordingly, the Director passed an order on September 12, 2011 directing the college authority to calculate the whole amount of overdrawal by the petitioner during his service tenure and to submit the pension papers including the Service Book complete in all respect.

(3.) Then the petitioner submitted a representation to the Director of Public Instruction, West Bengal. Subsequently, he filed another writ petition being W.P. No.19130(W) of 2011 challenging the inaction on the part of the college authority and the order passed by the Director of Public Instruction, West Bengal relating to deferment of increment of 153 days in respect of the period which was treated as extraordinary leave. Accordingly, this Hon'ble Court directed the College Authority to submit the calculation by way of an affidavit.