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RABINDRANATH SAMANTA
Chinmoy Kumar Mondal – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
RABINDRANATH SAMANTA, J.
1. By preferring this writ petition the petitioner seeks pensionary benefits counting his service from 8th May, 1991 instead of 1st January, 2014.
2. The background facts which led to the filing of the writ petition may briefly be stated as follows.
3. The petitioner was appointed as an organizing teacher of Dari Keoradangi Ananda Prasad Junior High School at village Dari Keoradangi, South 24 Parganas on 8th May, 1991.
4. The school was recognised as 2 Class i.e. Class V and Class VI Junior High School. Thereafter, the Secretary of the School made several representations to the concerned authority for granting further recognition for upgradation of the said school. On 25th May, 2010 the West Bengal Board of Secondary Education granted recognition for upgradation of the said school as 4 Class Junior High School and the school had been upgraded accordingly with effect from 1st March, 2010.
5. On 19th March, 2010 the District Inspector of Schools (Secondary Education), South 24 Parganas sent a memo dated 19th March, 2010 to the Deputy Secretary, Government of West Bengal, School Education Department for granting financial assistance to the school.
6. The p
The court affirmed that a teacher's continuity of service must be upheld unless substantiated by evidence; the withholding of salary without due process constitutes a violation of rights.
The court affirmed the principle that school staff must receive due salary and benefits unless proven otherwise, emphasizing continuity of service without interruption or unjust denial.
The court established that teachers engaged in unrecognized classes can be regularized upon the recognition of the school, provided their appointments were bona fide.
The date of approval of appointment cannot be construed as the relevant date for considering the applicability of the pension scheme, and it is the original date of appointment that matters for deter....
Valid appointments made under existing rules cannot be retroactively invalidated by later amendments or determinations of sanctioned strength.
Recognition of continuous service prior to school approval is essential to entitle employees to pension benefits, despite shortfalls in qualifying service.
The date of appointment should be considered for pension benefits, and delays caused by the respondents cannot be used to deny the petitioners' rights.
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