ASHIM KUMAR ROY, J. - (1.) THE writ petitioner who was an approved Group -D staff of Baranagar Rajendra Vidyapith(Junior High). After he joined his service on and from April 16, 1984, the writ petitioner due to his illness was absent from November 6, 1995 to November 26, 1999. Although such period was initially treated as unauthorised absence but subsequently pursuant to the order passed by this court the same was regularised and was ratified by the West Bengal Board of Secondary Education then on he resigned from his service w.e.f. February 18, 2011 and applied for retiral benefits.
(2.) NOW , this is the case of the petitioner that although in spite of the order this court his absence has been regularised pursuant to the court's order treating the said period as on special leave but neither the arrear salary for the said period was paid nor his scale of pay was fixed in terms of Ropa 2009 and because of non - preparation of service book the petitioner is also not getting the retiral benefit. On behalf of the respondent no.3 the District Inspector of the School Secondary Education, an affidavit was filed. It is submitted that the petitioner is entitled to salary for the period in question and all steps have been taken for payment of the same but the necessary steps for release of the retiral benefit will be taken only after receipt of service book from the school authority.
(3.) THE learned Counsel for the School Authority submitted that no steps for sending the Service Book to the District Inspector of Schools (S.E.) North 24 -Parganas could have been taken because of the fact that the same was not authenticated by the writ petitioner. It is then submitted although the petitioner's absence from November 6, 1995 to November 26, 1999 has been regularised but dispute is still there over the payment of his salary for 45 days. Although the petitioner claimed to have been resigned w.e.f 18th February, 2011, but record shows that he resigned from the office on 3rd January, 2011 and his resignation was accepted by the Managing Committee on 12th January, 2011. He further submitted so far as the Service Book is concerned, if the petitioner appears before the school authority and authenticate the same, the school authority shall at once make the service book ready and send the same to the District Inspector of Schools (S.E.) North 24 -Parganas. He then pointed out that preparation of the Service Book in some places, the endorsement of the District Inspector of Schools (S.E.) North 24 -Parganas is necessary so to speed up the matter, it would be better that those formalities be completed at the office of the District Inspector of Schools (S.E.) North 24 -Parganas in presence of the school representative, the writ petitioner and District Inspector of Schools (S.E.) North 24 -Parganas.;