SUBIMAL PATRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and Order passed by the Hon'ble Single Bench on the 8thday of June, 2022 in writ petition bearing the no. WP no. 10169(W) of 2019.

(2.) By the impugned Judgment and Order the Hon'ble Single Bench was pleased to dismiss the said writ petition praying for an order directing the authorities to release the amount of retiral benefits as admissible in law as a consequence of which the writ petitioner has preferred this instant appeal. The fact of the present case is that the appellant/writ petitioner namely, Subimal Patra, had been initially absent from school from 4/12/1998 to 03- 02-1999 without intimating the school authorities, in consequence of which the Managing Committee of the said school started departmental proceeding against the appellant/writ petitioner. Thereafter, the petitioner was allegedly not allowed to join his duty by the Head Master of the school, who in turn preferred an appeal before the Appellate Committee of the West Bengal Board of Secondary Education (for short the Board), which was placed before the Committee on 27/4/2004. The Appellate Committee decided that the appellant shall report to the Head Master of the school within a fortnight from the date of receipt of the order and the Head Master shall allow him to resume his duties. It was further decided that the intervening period of his absence shall be regularized by granting leave according to the existing rules and the leave salary whatsoever admissible shall be paid within a period of three months from joining of duties by the writ petitioner.

(3.) Ultimately the petitioner joined his duty on 15/6/2004 after his long absence from 4/12/1998 to 14/6/2004.