SRIBAS RANJAN PATRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN this writ petition, the petitioner seeks pensionary benefits for his service in the upgraded segment (Secondary) of Dubai Rasiknagar vivekananda Vidyayatan in the District of Purba Medinipur. The petitioner claims to have been appointed to the post of Assistant Teacher in that School on and from 1 January, 1981 and further claims to have had discharged his service as an organizer teacher in the said school continuously since then, till he attained the age of superannuation on 31 March, 2009, The District inspector of Schools has not released his pension in view of, an audit observation requiring order from "competent authority". Such stipulation has been made on the ground that the petitioner has not completed the period specified for 'qualification service', which entitles a similarly placed teacher to receive pension.

(2.) HIS initial appointment was without approval from the State authorities. The school, however, was upgraded during his tenure of service and he had applied for absorption in the upgraded segment, being the secondary section. When his application was not accepted in normal course, the petitioner had approached this Court by filing a writ being C. O. No. 16823 (W) of 1996. This writ petition was disposed of by an Hon'ble Single judge of this Court on 3 October, 2001 with the following direction :

(3.) THE State authorities had complied with the order without preferring any appeal against the said order of this Court. A memorandum was issued by the District Inspector of Schools to the Secretary of the, institution in which the petitioner was serving on 1 February, 2002. A copy of the memorandum has been made Annexure "p2" to the writ petition. This memorandum specifies :