LAWS(CAL)-2023-7-232

STATE OF WEST BENGAL Vs. SUPHAL CHANDRA PRAMANIK

Decided On July 06, 2023
STATE OF WEST BENGAL Appellant
V/S
Suphal Chandra Pramanik Respondents

JUDGEMENT

(1.) What is the interpretation to be given to the memorandum of the Education Department (Budget branch), Government of West Bengal dtd. 20/5/1988? It is in the following terms:-

(2.) The respondent writ petitioner had a long career as a teacher in different schools in West Bengal from 1974. He retired in the year 2008 from Sahapur Mathuranath Vidyapith, an aided institution. During his career, he also worked in Batanagar High School which was a D.A. getting school, from 1979 till 1982. Batanagar continues to be a D.A. getting unaided institution.

(3.) The question is whether on the strength of the above memorandum of the government the service of the respondent writ petitioner in the unaided institution Batanagar would be counted towards pensionable service? According to the government, the interpretation to the notification would be that at the time of retirement, all the institutions where the respondent taught would have to be an aided institution.