Pratap Kumar Ray, J. - (1.) In this writ application the Petitioner has prayed for the following relief 's: (a) A writ of or in the nature of Mandamus commanding the Respondents to forthwith revoke, cancel, rescind and/or withdraw the Memo No. 827 -S.E.(S) . dated September 19, 1997 issued by the School Education Department, Secondary Branch, Government of West Bengal and to act in accordance with law; (b) A writ of or in the nature of Mandamus commanding the Respondents to count the service rendered by the Petitioner in Adra South Eastern Railway Girls'. Higher Secondary School, P.O. Adra, District Purulia and in Kharagpur South Eastern Railway Girls' High School, P.O. Kharagpur, District Midnapore towards pension of the Petitioner and to allow to the Petitioner all consequential benefits; (c) A writ of or in the nature of Mandamus commanding the Respondents to allow to the Petitioner all the benefits including continuity of service, protection of pay on account of her service in Adra South Eastern Railway Girls' Higher Secondary School, Adra, District Purulia and in Kharagpur South Eastern Railway Girls' High School, P.O. Kharagpur, District Midnapore. (d) A writ of or in the nature of Certiorari directing the Respondents to send up to this Hon'ble Court all records of the case including the Memo No. 827 -S.E. (e) dated September 19, 1997 issued by the School Education Department, Secondary Branch, Government of West Bengal, so that conscionable justice may be done by quashing the same.
(2.) The fact leading to the writ application is very short. The Petitioner served Adra South Eastern Railway Girls' Higher. Secondary School, Post Office -Adra; District "Purulia and Kharagpur South Eastern Railway Girls' High School; Post Office - Kharagpur, District: Midnapore as Assistant teacher for the periods from October 14, 1977 to August 2,. 1985 in respect of the periods in respective schools as detailed in the Service Book issued for Class III and Class IV staff of the South Eastern Railway. The Petitioner joined on August 3, 1985 in the present school wherein the Petitioner is still working. The Petitioner applied for counting the past service as rendered in the aforesaid two schools of Adra and Kharagpur for all purposes including the post retirement benefits. Such prayer was refused by Memo No. 827 -S.E. (S) dated September 19, 1997 by O.3.D. and ex -officio Deputy Secretary, School Education Department, Government of West Bengal only on the ground that under para. 7 annex. I of the West Bengal Recognized Non -Government Educational Institution Employees (Death -cum -Retirement Benefits) Scheme of 1981, the past service in the Railways could not be counted towards the pension of teacher of aided schools.
(3.) The Petitioner has placed reliance to the aforesaid Scheme of 1981 to submit that the impugned decision was ex facie illegal and contrary to the Scheme. It is submitted by the Petitioner that under Clause (7) even the service as rendered by the employee under Government when is counted towards pension, there was no justification to refuse the service of the Petitioner as rendered in the aforesaid two schools under South Eastern Railways as counted service for pensionary benefits. It is submitted by the Petitioner that the Petitioner was a Government Employee being the employee of the Railways who are Government Employees. Besides, the Petitioner further assailed he order contending that when benefits having been given under Clause (7) in respect counting of past service, if any, rendered by any employee in Bangladesh that is erstwhile Pakistan, the service as rendered by the Petitioner in. the Railway School in India cannot be refused as a counting service.;