SIDDHARTHA SAMANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The matter has virtually become infructuous as out of four writ petitioners two of them namely, Bidyut Kumar Panja and Mojammel Molla has attained superannuation after joining at the transferred post but the matter is still pursued on the score of extending the retiral and/or pensionary benefits to those superannuated appellants.

(2.) On 19/7/2024, the direction was passed upon the respective authorities to prepare all necessary documents for the purpose of computation of the retiral as well as the pensionary benefits to be forwarded to an ultimate authority i.e. the DI of Schools of the concerned District for further action. The intention of the Court was laudable in the said order that the person who joined the transferred post despite having challenges the order of transfer should not be deprived of their statutory right admissible to the said post.

(3.) The grievance is still persisting as there was a time gap between the challenge having thrown to an order of transfer and the joining of the transferred post. Such interregnum period needs to be regularized as the authority perceived the same to be an authorized absence to which the writ petitioners' joined issues as according to them they were prevented from resuming the charge. We do not go deep into the aforesaid aspects as the justice may be imparted if the direction is passed upon the authorities to take steps for regularization of such absence. It is not in dispute that there are statutory leaves to the credit of those superannuated appellants and also we so not find any fatter on the part of the authorities in regularizing the absence after exhausting those statutory leaves by granting a special leave so that the notional benefit by way of regularization can be extended to those candidates. We, therefore, direct the authorities to complete the exercise as indicated above within three weeks from date.