SHEKHAR B.SARAF,J. - (1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by an order dated September 2, 2015 passed by the District Inspector of Schools (SE), Barrackpore (hereinafter referred to as "DI of Schools") wherein the DI of Schools had rejected the prayer of the petitioner for granting pensionary benefits due to the resignation of the petitioner on his own account. The writ petition also contains a prayer for realisation of arrears salary of a sum of Rs. 1,53,760/- (Rupees One Lac Fifty Three Thousand Seven Hundred Sixty) for the period November 6, 1995 to June 25, 1999 that had been ordered to be paid by an order of this Court dated March 7, 2014.
(2.) The relevant facts of the case are as follows : a) That the petitioner was appointed as Group 'D' staff in the year 1984 and continued to work therein till the year 2011. During the year 1995 to 1999 the petitioner was absent from School due to his severe illness. By an order dated March 5, 1999 this Court had directed the West Bengal Board of Secondary Education to consider the case of the writ petitioner for regularising the absence of the petitioner. Subsequently, by an order dated November 25, 2009 the West Bengal Board of Secondary Education had approved the period of absence of the writ petitioner with full pay on medical grounds under exceptional circumstances. b) Subsequently, the DI of Schools approved the arrear salary of Rs. 1,53,760/- as claimed by the School authority in favour of the petitioner and also indicated that the said amount would be paid to the petitioner shortly. c) It is the case of the petitioner that the petitioner continued to remain in poor health and accordingly, on January 4, 2011 he wrote a letter to the Secretary of the concerned School indicating that due to "unavoidable reasons" he was able to continue his service. He accordingly, requested that his resignation may be accepted from that date. Following such letter the Managing Committee of the concerned School took a resolution on January 12, 2011 accepting the said resignation of the petitioner indicating further that his final due payments and other retirement benefits would be paid subsequent to preparation of the supporting documents. The School authorities thereafter on January 18, 2011 prepared the service book of the writ petitioner and sent the same to the DI of Schools for onward processing and final disbursal of the pensionary benefits of the petitioner. d) It is to be noted that the payments were made by the authorities and accordingly, the writ petitioner was reluctantly forced to file a writ petition in the year 2011 bearing W.P. 10277 (W) of 2011. In the said writ petition a short affidavit was filed by the respondent authorities wherein they specifically admitted to the fact that the writ petitioner was entitled to receive the arrear payments in respect of the unauthorised leave. The affidavit also indicated at paragraph 4 that the following paragraphs also deal with the issue as to whether the petitioner would be receiving pensionary benefits. However, surprisingly, the affidavit in the following paragraphs remained silent on the issue of pensionary benefits. After hearing the parties this Court passed an order dated March 7, 2014 wherein it was recorded as follows:- " On behalf of the respondent no.3 the District Inspector of the Schools 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 benefits will be taken only after receipt of service book from the school authority. 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 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 years. 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 (SE), North 24 Parganas in presence of the School representative, the writ petitioner and the District Inspector of Schools (S.E), North 24 Parganas. Now, considering the respective submission of the learned counsel appearing on behalf of the parties, I find already the dispute relating to the arrear salary for the period from November 6, 1995 to November 26, 1999 has been resolved and shortly the petitioner is likely to receive his dues. So far as the preparation of service book is concerned the same can be sorted out in the manner as suggested by the learned counsel for the school."
(3.) In spite of the above order being passed the arrear salary of the writ petitioner has been released till date. Counsel on behalf of the respondent authorities submits that there has been a lacuna with respect to the same and the petitioner is entitled to the same. Accordingly, I direct that the District Inspector of Schools(SE), North 24 Parganas, office at Barrackpore to release the above sum of Rs. 1,53,760/- along with interest from April 1, 2014 @12% within a period of four weeks from the date of communication of this order.;