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 permission.

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 counted for the purpose of pay fixation with effect from July 04, 1989.

4. The learned advocate appearing for the petitioner submits that the authorities of the Chandrakona Road Saradamoyee High School forwarded all the papers in connection with the service of the petitioner including the copy of the appointment letter of Golepukuria Joykali High School as well as the copy of the release order issued by the Secretary of such school to the District Inspector of Schools (SE), Paschim Medinipur (hereafter referred to as the 'D.I.')under a covering letter dated May 12, 2009 and the concerned D.I. after taking into consideration all such documents, fixed the pay-scale of the petitioner at Rs. 6975/- in the scale of Rs. 5500-11325/- with effect from September 02, 1996 in terms of G.O. No. 25-SE(B) dated February 12, 1999. The petitioner was also awarded the twenty years benefit with effect from September 16, 2007. Thus, the learned advocate for the petitioner contends that there cannot be any question of any suppression by the petitioner, as observed by the Deputy Director of School Education, West Bengal in the memo dated March 14, 2019 as the petitioner submitted all the documents pertaining to the service rendered by him at Golepukuria Joykali High School at the time of appointment at Chandrakona Road Saradamoyee High School.

5. Mr. Chattopadhyay, learned advocate appearing for the State submits that on the basis of a complaint, an inquiry was made and the Deputy Director was of the view that in view of paragraph 7(k) of the West Bengal Recognised Non-Government Educational Institution Employees (Death-cum-Retirement Benefit) Scheme, 1981, the past service of the petitioner is liable to be forfeited.

6. I have heard the learned advocates appearing for the parties and have considered the materials on record. It is not in dispute that the petitioner was initially appointed as an Assistant Teacher with effect from September 16, 1987 on temporary basis for a period of two years. Thereafter the petitioner was sponsored by the employment exchange for appointment and the petitioner was appointed as an Assistant Teacher at Chandrakona Road Saradamoyee High School with effect from July 04, 1989. Record reveals that the petitioner tendered his resignation before the Golepukuria Joykali High School for the purpose of joining Chandrakona Road Saradamoyee High School as an Assistant Teacher. It is not in dispute that the petitioner was released by the authority of Golepukuria Joykali High School with effect from July 03, 1989 i.e. prior to the date of appointment of the petitioner as an Assistant Teacher at Chandrakona Road Saradamoyee High School. It is further evident from the record that all documents pertaining to the appointment and service of the petitioner at Gol