Protik Prakash Banerjee, J. - (1.) This petition under Article 226 of the Constitution of India seeks the release of pensionary benefits, gratuity and arrears pension alongwith interest at 18% per annum to the writ petitioner who voluntarily retired from service. Perhaps I should let the carefully dispassionate yet because of that, all the more poignant cry for justice she made to the statutory authorities, speak for itself.
(2.) By a letter dated May 2, 2015 addressed to the District Inspector of Schools (SE), Siliguri, Darjeeling and sent through proper channel being the Headmaster, Sriguru Vidyamandir (Higher Secondary), Champsari, Darjeeling, the writ petitioner prayed as follows: - "Most respectfully I beg to inform you that I am working as an Asstt. Teacher (English) in Sriguru Vidyamandir since 14-11-1994 with utmost satisfaction of the authority. I also like to inform you that I got married with Sri Pradip Kumar Bargi of Asansol, Burdwan. In this context I would like to inform you that my husband is suffering from severe Osteoarthritis at both legs and is unable to work smoothly without the assistance of second person. Since there is no second member available other than me in our family I got to stay alongwith my ailing husband to assist him in his daily life. As such my working place (Siliguri) being far off from my husband's working place which is at present Asansol, Burdwan, it is not possible for me to continue my job in Siliguri further. Under this circumstances I fervently request you to consider the prayer for my voluntary retirement at your earliest. I may please be intimated the action taken by your in this regard."
(3.) So it is clear that the writ petitioner was seeking voluntary retirement since her gender and role as a wife had been used to steam roll her own ambitions into nothing, so that she could be of use to her all but handicapped husband, whose work at Asansol was held to be more important than the writ petitioner's as a teacher, the preceptor of a new generation, merely because he was a man and she was his wife.;