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AMRITA SINHA
Samar Nath Pal – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT
amrita Sinha, J. - The petitioners are retired primary school teachers. They are aggrieved by and dissatisfied with the order passed by the Secretary, School Education
Department on 3rd august, 2017 rejecting their prayer for grant of pension in on the ground that they did not complete the qualifying service period of ten years and the relaxation clause cannot be made applicable in their case.
It has been submitted that the petitioners joined their service immediately upon receiving their letters of appointment. Due to the delay on the part of the respondents in issuing their appointment letters, the petitioners lost valuable years in their service career and as such there has been a shortfall in the qualifying service period.
Death cum Retirement Benefit Scheme, 1981 lays down the conditions upon compliance of which a retired teacher becomes entitled to receive pension. The Scheme mentions that subject to satisfactory service an employee shall be entitled to pension provided the employee concerned had completed at least ten years of service on attaining the age of superannuation.
In the present case none of the eight petitioners completed ten years of qualifying service.
The pe
The entitlement to pension is based on the conditions laid down in the Scheme, and the court cannot rewrite the service condition of an employee.
The delay in appointing the petitioner is solely attributable to the conduct of the respondent authorities, and the date of appointment should be treated notionally for computing the period of qualif....
Recognition of continuous service prior to school approval is essential to entitle employees to pension benefits, despite shortfalls in qualifying service.
Past services rendered by the Teachers shall be counted for pension, as established by previous judgments.
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