- (1.) IN this writ petition, the petitioner seeks pensionary benefits for his service in the upgraded segment (Secondary) of Dubai Rasiknagar vivekananda Vidyayatan in the District of Purba Medinipur. The petitioner claims to have been appointed to the post of Assistant Teacher in that School on and from 1 January, 1981 and further claims to have had discharged his service as an organizer teacher in the said school continuously since then, till he attained the age of superannuation on 31 March, 2009, The District inspector of Schools has not released his pension in view of, an audit observation requiring order from "competent authority". Such stipulation has been made on the ground that the petitioner has not completed the period specified for 'qualification service', which entitles a similarly placed teacher to receive pension.
(2.) HIS initial appointment was without approval from the State authorities. The school, however, was upgraded during his tenure of service and he had applied for absorption in the upgraded segment, being the secondary section. When his application was not accepted in normal course, the petitioner had approached this Court by filing a writ being C. O. No. 16823 (W) of 1996. This writ petition was disposed of by an Hon'ble Single judge of this Court on 3 October, 2001 with the following direction : "under such situation, the writ petition is disposed of with a direction upon the concerned District Inspector of Schools to send a District level Inspection Team to the Institution within a period of two weeks from the date of communication of this order on a working day and upon notice to all concerned, furnish a report before the concerned dist. Inspector of Schools to satisfy themselves as to whether the petitioner was working there or not and if such report is furnished before the concerned Dist. Inspector of Schools, such authority will ba entitled to take step for regularization of service of the petitioner in the vacant post already available in the Institution from 1987 against which the petitioner is rendering his service, within a period of one month thereafter".
(3.) THE State authorities had complied with the order without preferring any appeal against the said order of this Court. A memorandum was issued by the District Inspector of Schools to the Secretary of the, institution in which the petitioner was serving on 1 February, 2002. A copy of the memorandum has been made Annexure "p2" to the writ petition. This memorandum specifies : "referring to the above the undersigned has to inform him that in obedience to the solemn Order of the Hon'ble Court passed by Hon'ble justice Amitava La/a dated 03. 10. 2001 and considering the D. L. I. T. report drawn up dated 31. 12. 2001 in obedience to the solemn order dated 03. 10. 2001 passed by Hon'ble Justice Amitava La/a the service of Sri Sribas Ranjan Patra, B. S. is regularized with effect from 01. 05. 97 in the vacancy created due to opening of class X with notional fixation and financial benefit with effect from 01. 03. 2002. He is also requested to submit prayer for withdrawal of vacancy lying with the School Service Commission as per letter of the Secretary, regional School Service Commission (Western Region) No. 1478 (64)dated 31. 03. 2001 due to regularization of Sri Patra". ;