GOALBADAN MANDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner has challenged the order of the Principal Secretary to the Government of West Bengal School Education Department dtd. 24/2/2022 and has prayed for condonation of deficiency in the qualifying service period for grant of pension.

(2.) The writ petitioner claims that he was appointed as an Assistant Teacher of a primary school on 15/3/2011 after a protracted litigation. He ultimately retired from service on superannuation on 31/8/2020. The petitioner rendered service for a period of 9 years 5 months and 17 days. The qualifying period for receiving pension as per the service rules is 10 years. As there was a shortfall in qualifying service for a period of about 6 months and 13 days the petitioner has been held to be not entitled to retiring pension. The petitioner by a representation dtd. 28/9/2020 applied before the District Inspector of Schools (for short "DI"), Murshidabad praying for condonation of deficiencies in the service period. Alleging inaction on the part of the respondent authorities in considering the prayer for condonation of deficiency in the qualifying service, a writ petition being WPA 6632 of 2021 was filed which was disposed of by an order dtd. 13/12/2021 by directing the Secretary, Department of Primary Education to take a decision with regard to the prayer of the petitioner for condoning the deficiencies in his service period in the light of an order passed in the matter of Aparesh Chandra Dutta within a specified time frame.

(3.) The prayer for condonation of the shortfall in the qualifying service was, however, rejected by the order of the Principal Secretary dtd. 24/2/2022. Being aggrieved by the said order dtd. 24/2/2022, the writ petitioner has filed the instant writ petition.