JUDGMENT :

1. This appeal has been preferred against the Judgment and Order passed by the Hon’ble Single Bench on the 8th day of June, 2022 in writ petition bearing the no. WP no. 10169(W) of 2019.

2. By the impugned Judgment and Order the Hon’ble Single Bench was pleased to dismiss the said writ petition praying for an order directing the authorities to release the amount of retiral benefits as admissible in law as a consequence of which the writ petitioner has preferred this instant appeal.

3. The fact of the present case is that the appellant/writ petitioner namely, Subimal Patra, had been initially absent from school from 04-12-1998 to 03-02-1999 without intimating the school authorities, in consequence of which the Managing Committee of the said school started departmental proceeding against the appellant/writ petitioner. Thereafter, the petitioner was allegedly not allowed to join his duty by the Head Master of the school, who in turn preferred an appeal before the Appellate Committee of the West Bengal Board of Secondary Education (for short the Board), which was placed before the Committee on 27-04-2004. The Appellate Committee decided that the appellant shall report to the Head Master of the school within a fortnight from the date of receipt of the order and the Head Master shall allow him to resume his duties. It was further decided that the intervening period of his absence shall be regularized by granting leave according to the existing rules and the leave salary whatsoever admissible shall be paid within a period of three months from joining of duties by the writ petitioner.

4. Ultimately the petitioner joined his duty on 15-06-2004 after his long absence from 04-12-1998 to 14-06-2004.

5. The petitioner alleged that he is not getting his arrear salaries for the period of absence for which representations were made by him before the D.I. of Schools (S.E.) D.S.E., West Bengal and thereafter he preferred a writ petition.

6. On 17-12-2016, a Hon’ble Single Bench of this Court directed the Secretary of the West Bengal Board of Secondary Education to consider the representation of the writ petitioner and pass a reasoned order within a period of three months from the date of receipt of the order. It was found that there is huge discrepancy between the leave of absence claimed by the writ petitioner and the claim by the school authority. As a result a report from the DI of Schools Secondary Education (SE) was called for with specific views.

7. An inquiry report was submitted by the DI of Schools (SE), Purba Medinipur which reached the office of the West Bengal Board of Secondary Education on 04-09-2017. From the inquiry report it revealed that the appellant writ petitioner was absent from 04-12-1998 to 14-06-2004 and again from 10-01-2007 onwards. In this regard the appellant writ petitioner had applied for leave on several occasions without mentioning the nature and kind of leave, as a result thereof the Managing Committee could not come to a final decision as regards to the nature of leave.

8. Ultimately the Managing Committee on 18-03-2012 adopted an unanimous resolution declaring the post of the writ petitioner as vacant as per leave Rule 11 (1).

9. Thereafter, the President of the Board convened a meeting on the 21st day of November 2017 to consider the inquiry report of the DI of Schools (SE), Purba Medinipur and ultimately by an order dated 21-11-2017 the President of the Board has ordered that the writ petitioner is deemed to have resigned from the concerned post as per Rule 11(1) of the existing leave rules of the Board.

10. The Learned Counsel appearing on behalf of the appellant/ writ petitioner has submitted that a direction be passed by the Hon’ble High Court upon the West Bengal Board of Secondary Education directing the Board to dispose of the representation. On 21-11-2017 a final order was passed stating that the petitioner is deemed to have resigned from the concerned post as per Rule 11(1) of the existing leave ru