- (1.) In this writ application the petitioner challenges the inaction on the part of the concerned State authorities and, primarily the District Inspector of Schools (Secondary Education), Purba Medinipur (for short DI (SE), Purba Medinipur) in failing to issue concrete orders for disbursing the pensionary benefits of the writ petitioner. Sri Gautam Dey, Ld. Counsel appearing for the writ petitioner points out that the facts of this case are not long. Such facts are briefly as follows:- By initial letter of appointment dated 17th December, 1984 the petitioner was directed on behalf of the Managing Committee (for short MC) by the Secretary of the School in Issue (Alangiri Radhabinode Vidyapith) to joint substantively as an Assistant Teacher (for short AT) in the additional class unit of class VI w.e.f. 2nd January, 1985. The petitioner was directed to render service as an AT till the additional class unit is sanctioned by the Director of School Education, West Bengal. By order dated 30th June, 1995 in CO 5230(W) of 1992 an Hon'ble Single Bench directed the competent State Authority, being the respondent no.1 therein, to approve the appointment of the writ petitioner to the post of AT and release his arrear emoluments from the said date along with payment of current emoluments according to grant-in-aid rules within one month from the date of communication of the said order.
(2.) Thereafter by the Memo dated 4th July, 2002 in compliance with the solemn order of the Court dated 30th June, 1995 , the Director of School Education, West Bengal formally approved the service of the petitioner w.e.f. 1st April, 1987, i.e. the date of the sanction of the relevant post and steps were directed to be taken for payment of salaries both current and arrear as admissible under the grant-in-aid rules immediately. Sri Dey, Ld. Counsel submits that this Hon'ble Court for a second time in a writ petition being WP 27347 (W) of 2013, by solemn order dated 18th September, 2013 an Hon'ble Single Bench was pleased to notice that although the appointment of the petitioner was approved w.e.f. 1st April, 1987 and arrear emoluments were released up to 28th February, 2003, suddenly by the order impugned therein dated 26th December, 2012 the earlier order of the competent State Authority dated 30th November, 2012 stood withdrawn. By such withdrawal the sanction of emoluments in favour of the petitioner for the aforesaid period between 1st April, 1987 to 28th February, 2003 stood cancelled.
(3.) The Hon'ble Single Bench found the balance of convenience to be in favour of the petitioner and therefore stayed the impugned Memo dated 26th December, 2012 until further orders. The order of stay was however not to operate so as to prevent the competent State-respondent from releasing the held-up money in favour of the petitioner. It is submitted at the hearing by Ld. Counsel for the petitioner that after long years of service the petitioner retired on 31st July, 2014. Prior to his retirement by a communication dated 11th April, 2013 submitted to the DI (SE), Purba Medinipur the Teacher-inCharge (TIC) of the School in issue submitted the necessary papers connected to payment of pension and gratuity in favour of the petitioner. Sri Dey argues that the petitioner has completed continuous and uninterrupted service with the School in issue. Relying upon the copy of the service book of the petitioner annexed to the writ petition, Sri Dey points out that from several entries in the service book the following shall be found:- first, that the petitioner was appointed on a permanent basis w.e.f. 1st April, 1987; second, the petitioner obtained benefit of 10 years of service w.e.f. 1st April, 1987; third, as on 1st April, 2003 the petitioner' pay and special pay was fixed at Rs. 7235/- per month; fourth, from a certificate issued by the TIC of the School in issue it is clearly evident that the petitioner served between 1st April, 1987 to 31st July, 2014; fifth, the said certificate of the TIC demonstrates that the petitioner completed the period of qualifying service without any break and therefore became eligible to receive full pension and other superannuation benefits; sixth, as on April, 2005 the petitioner received the benefit of 18 years of service; and, finally the gross salary of the petitioner in terms of a certificate of the Headmaster of the School in issue dated 26th of September, 2014 stood at Rs. 44,225/- and, after deduction the net salary stood at Rs. 44,025/- on the eve of his retirement.;