DIPTISRI GHOSH Vs. STATE OF WEST BENGAL
LAWS(CAL)-2013-1-153
HIGH COURT OF CALCUTTA
Decided on January 04,2013

Diptisri Ghosh Appellant
VERSUS
STATE OF WEST BENGAL Respondents

JUDGEMENT

- (1.) THE petitioner in this WP under art.226 of the Constitution of India dated January 22, 2007 is questioning the decisions of the respondents not to reckon her length of service from the date of her initial appointment and to withdraw a term benefit previously given.
(2.) BETWEEN January 17, 1968 and May 15, 1972 the following deputation vacancies for the post of assistant teacher were available: in Nanigopal Roy Smriti Balika Niketan from January 17, 1968 to November 30, 1968; in the same school from December 2, 1968 to December 16, 1969; in Ushagram Girls' High School from July 1, 1970 to May 15, 1971; again in Nanigopal from July 1, 1971 to September 4, 1971; and in Asansol Sishu Bharati Vidyamandir Girls' High School from November 19, 1971 to May 15, 1972.
(3.) THE petitioner was appointed in the above -mentioned schools during the periods and all her appointments were duly approved by the District Inspector of Schools (SE), Burdwan. Then she was appointed as an assistant teacher in Asansol Sishu Bharati Vidyamandir Girls' High School on a regular basis on May 16, 1972. She retired from the services of this school on June 30, 2002. The respondents withheld her retirement benefits. She moved this Court under art.226. By an order dated September 9, 2005 this Court directed the respondents to pay her all retirement benefits without deducting any amount with 10% p.a. interest on the gratuity amount. The respondents issued the pension payment order dated November 14, 2005 reckoning her service for pension and other benefits from the May 16, 1972. A 10 -year term benefit previously given under the relevant ROPA rules was withdrawn. Feeling aggrieved, the petitioner filed this WP.;


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