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HIRANMAY BHATTACHARYYA
Subir Kumar Sinha. – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
Hiranmay Bhattacharyya, J. - The instant writ petition has been filed praying for issuance of a writ in the nature of mandamus directing the respondent authorities to set aside and cancel the memo dated March 14, 2019 issued by the Deputy Director of School Education, West Bengal.
2. By the said memo, the authorities of the Golepukuria Joykali High School was directed to fix the pay of the petitioner by taking into consideration that the past service of the petitioner from September 16, 1987 to July 03, 1989 rendered in the said School would not be counted for the purpose of his pay fixation with effect from July 04, 1989 and related benefits including pensionary benefits in terms of para 7(k) of Annexure 1 of the G.O. No. 136-Edn (B) dated May 15, 1985.
3. The petitioner claims that he joined Chandrakona Road Saradamoyee High School after being released by the authorities of Golepukuria Joykali High School, where he was employed as an Assistant Teacher on temporary basis for a period of two years. Thus, according to the petitioner, the past service rendered by the petitioner in Golepukuria Joykali High School for the period from September 16, 1987 to July 03, 1989 is to be c
Submission of relevant documents at the time of appointment, approval of appointment and pay-scale by authorities, and the provision regarding forfeiture of past service for resignation without prior....
Resignation from a government service results in the forfeiture of previous service, as per Rule 41 of the Tamil Nadu State and Subordinate Services, and pension benefits cannot be based on service r....
Service in an unsanctioned post can be considered for calculating pensionable service if approved by the government and based on previous judicial decisions.
Past services rendered by the Teachers shall be counted for pension, as established by previous judgments.
An aided school employee's past service must be counted for pay fixation upon subsequent appointment in accordance with applicable government orders.
The petitioner's service from the date of appointment in the unsanctioned post could be taken into account for calculating her pensionable service, as ratified by the Government.
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