SUDHAN CHANDRA RAUL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is seeking several reliefs including a declaration that clauses 7(d) and 8 of the West Bengal Recognized Non-Government Educational Institution Employees' (Death-cum-Retirement) Scheme, 1981 are ultra vires the provisions in Articles 14, 16 and 21 of the Constitutions of India.

(2.) He claims that on January 1, 1971 he was appointed in Deuli Sudhir Junior High School, Paschim Medinipur as an organizing assistant teacher. By order dated August 11, 2000 the West Bengal Board of Secondary Education recognized that institute as a Junior High School with effect from May 1, 2000. By orders dated September 7, 2000 and May 10, 2005 appointments of the organizing members of the staff were approved by the District Inspector of Schools concerned.

(3.) It is claimed that with effect from May 1, 2000 his appointment was approved. On reaching the age of superannuation he retired on March 31, 2006. The competent authority issued the pension payment order. It was mentioned that he would not be entitled to pension, as he did not have the qualifying period of service for entitling him to get pension. His contention is that the period during which he served the institute as an organizing teacher should be considered for counting the period of qualifying service.