SK MD ZAKERIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) HEARD the learned Advocates appearing on behalf of the parties.

(2.) INITIALLY when the matter was taken up on 29th June 2007, directions for affidavits were given. The matter was thereafter adjourned till 17th July, 2007. Subsequently, 2nd August, 2007, on the prayer of the learned Advocate appearing on behalf of the State, time to file affidavit-in-opposition was extended by a week. Today, the matter appears 'for Orders'. Learned Advocate appearing on behalf of the State authorities submits that they have not used any affidavit-in-opposition. I am, therefore constrained to take up this matter and decide on the basis of the pleadings in the writ petition, which stand uncontroverted.

(3.) THE writ petitioner was appointed as an approved clerk of a High School in the district of Birbhum and was serving there since 7th October, 1969. He retired from service on 31st January, 2007. He, thus, appears to have been in service for around 37 years.