PRASENJIT MANDAL,J. - (1.) THIS application is at the instance of a teacher of a school and is filed for issuance of a writ in the nature of mandamus commanding the respondents to act and proceed in accordance with law and further commanding them particularly, the respondent no.s. 5 & 6 herein to treat the petitioner in service notionally from October 1, 1981 onwards for all purposes including the retiral benefits of the petitioner and to give also service benefits to the petitioner by re-fixing the scale of pay of the petitioner in service and other consequential reliefs. By a selection process, the petitioner was appointed Assistant Teacher of Nandanpur Rupchand Academy, Post ­ Nandanpur, Dist. Hooghly on December 3, 1985. In 1982 the petitioner filed a writ petition being C.R. No.496 (W) of 1982 which was disposed of on April 26, 2001 by this Hon'ble Court directing the respondents to treat the petitioner in service notionally from October 1, 1981 for all purposes including retiral benefits, but, he was not granted backwages as the petitioner had not rendered any service. The school authority did not comply with the aforesaid orders and the petitioner moved different authorities including the Hon'ble Minister-in-Charge Secondary Education, Government of West Bengal, Hon'ble Chief Minister, Government of West Bengal and before the Director of School Education for taking appropriate steps.
(2.) THE Additional District Inspector of Schools, Secondary Education, Arambag, requested the Secretary of the Managing Committee of the schools to take necessary steps in this regard within 15 days from the date of receipt of the letter dated June 24, 2009, but, no step had been taken by the school authority. So this application has been preferred. Upon hearing the learned counsel for the parties and on perusal of the materials on record including the order dated September 21, 2012 passed by the Additional District Inspector of Schools, Secondary Education Arambag, in respect of pay and allowances of the writ petitioner, I find that the order dated April 26, 2001 passed by this Hon'ble Court in C.R. No.496 (W) of 1982 had attained finality. Pursuant to that order, the respondent no.4 accorded approval notionally without any backwages for the period October 1, 1981 to December 2, 1985 as the writ petitioner had not rendered his service for that period, but, the service of the petitioner would be treated for all purposes including the retiral benefits w.e.f. October 1, 1981. Thus, I find that the concerned Additional District Inspector of Schools accorded sanction in conformity with the order dated April 26, 2001 passed by this Hon'ble Court in the said writ petition. In spite of that fact the Managing Committee i.e. the respondent no.s.5 & 6 did not take any steps for treating the petitioner in service notionally from October 1, 1981 for all purposes including the retiral benefits of the petitioner.
(3.) ACCORDINGLY , I am of the view that the petitioner is entitled to get the reliefs as prayed for and so the writ petition should be allowed. Therefore, the writ petition is allowed. The respondents no.s.5 & 6 are directed to treat the petitioner in service notionally from October 1, 1981 onwards for all purposes including the retiral benefits of the petitioner and also to give service benefits to the petitioner by re-fixing the scale of pay of the petitioner in service in terms of the order dated April 26, 2001 passed by this Hon'ble Court in C.R. No.496 (W) of 1982. All service benefits as directed must be given to the petitioner by the respondent no.s.5 & 6 within three months from the date of communication of this order. However, there will be no order as to costs.;