NARAYAN CHANDRA MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge in this writ application is the refusal of payment of pensionary benefit to the petitioner under the West Bengal Recognised Non - Government Educational Institution Employees (death - cum - retirement benefit) Scheme, 1981, (hereinafter referred to as the said DCRB Scheme, 1981).

(2.) According to the petitioner, he was appointed by the Managing Committee of an unrecognized school, namely Akpura Pramatha Labanyamoyee Sikshaniketan (hereinafter referred to as the said school) on Jan. 15, 1997. The above school was established in the year 1971. There were inspection by the District Level Inspection Team in the said school on Aug. 16, 1985, and August 14.1.1989. The school got recognition from the West Bengal Board of Secondary Education as a class IV Junior High School with effect from May 1, 1999. The service of the petitioner as an Assistant Teacher of the said school was recognised by the respondent No. 4, with effect from May, 1, 1999, i.e. from the date of recognition of the said school by the West Bengal Board of Secondary Education. The petitioner retired from the above service on May, 31,2007, on attaining the age of retirement on superannuation. The amount of Rs. 78,496/ - only was paid to the petitioner towards gratuity. No pension was paid to the petitioner under the said DCRB scheme, 1981. Hence this writ application.

(3.) Mr. Milon Chandra Bhattacharjee, learned Advocate appearing for the petitioner submits that, the initial date of counting qualifying service has not been defined in the said DCRB scheme, 1981. It is not in dispute that petitioner rendered continues service in the said school from his date of joining on Jan. 20, 1977. Therefore, he was entitled for counting of his qualifying service from the above date for the purpose of granting benefits under the said DCRB rules 1981.