KARTICK CHANDRA DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service filed today in Court be kept with the record. This writ application had been preferred stating, inter alia, that the petitioner was initially appointed as an organizing Assistant Teacher of Ramchak Rameswari Vidyamandir Junior High School (hereinafter referred to as the said School) in the year 1971 and subsequent thereto repeated prayers were made by the said school authorities for recognition of the said school and pursuant thereto an inspection was conducted by the respondent No. 5 on 18th December, 1979 as would be explicit from the Memorandum annexed at page 38 of the writ application. But even after such inspection the recognition of the said school was withheld. Subsequent thereto a further District Level Inspection was held on 29th September, 1992 and in the said report, the name of the petitioner featured in the list of teaching and non-teaching staff serving in the unrecognized school and the date of appointment of the petitioner in the said school was said to be 8th November, 1971.

(2.) Pursuant to the said District Level Inspection Team (hereinafter referred to as the DLIT) report the school was ultimately recognized as a 4 Class Junior High School with effect from 1st May, 2000, and pursuant thereto the petitioner's service was approved as an Organizing Teaching Staff of the said school with effect from 1st May, 2000 vide Memorandum dated 10th October, 2000 issued by the respondent No. 5. Thereafter, the petitioner's approval was further extended till 30th April, 2006 vide Memorandum dated 27th May, 2003 issued by the respondent No. 5 and in the midst thereof the petitioner attained the date of superannuation on 26th February, 2005 and as his qualifying service was short of 10 years, the authorities only disbursed the gratuity in favour of the petitioner vide Pension Payment Order dated 28th December, 2005. Aggrieved by the denial of the respondents to count the past service notionally for the purpose of granting benefits of usual pension and gratuity, the petitioner made repeated representations on 22.02.2004, 21.06.2004, 16.09.2004, 22.11.2004 and the last representation made to the respondent No. 5 was dated 25th January, 2006.

(3.) Aggrieved by the denial of authorities to consider the said representation dated 25th January, 2006, the petitioner preferred the instant writ application and the same was initially admitted by an order dated 19th April, 2006 with a direction towards exchange of affidavits. In spite of such direction, the State authorities did not file any affidavit-in-opposition till date.