JUDGMENT :

In Re : IA No. CAN 1 of 2025

This application has been filed by the State of West Bengal and its functionaries seeking condonation of a delay of 184 days in preferring the proposed appeal against the order dated 15th January, 2025 passed in WPA 30626 of 2013. By the said order, the learned Single Judge set aside the order dated 6th April, 2010 issued by the Director of School Education, whereby it had been held that, owing to a break in service, the petitioner was not entitled to have his entire period of service counted for pensionary benefits. The order dated 15th January, 2025 further directed the respondent authorities to release the petitioner’s pension by reckoning his entire period of service from 1st May, 1971 up to the date of his superannuation on 31st May, 2010.

2. Shortly put, the facts leading to the institution of the proposed appeal are that the writ petitioner/respondent no. 1, namely, Tripti Shankar Ghosh (hereinafter referred to as “Tripti”), began his service career as an Assistant Teacher at Dighara Haradayal Vidyapith, a non-government recognised aided school, on 1st March, 1971, where he served in the said capacity till 30th August, 1982. Thereafter, he joined Fertilizer High School, run by Hindustan Fertilizer Corporation Limited, Durgapur Unit, a recognised unaided school, on 31st August, 1982 and continued to serve there until 16th February, 2000. Subsequently, he joined Bishnupur Sir Romesh Institution, a recognised aided school, as a Headmaster and, upon attaining the age of superannuation, retired from service on 31st May, 2010.

3. The District Inspector of Schools concerned forwarded all pension-related papers of Tripti to the Director of School Education with a recommendation to grant him pensionary benefits by reckoning his entire period of service as qualifying service for pension. However, the Director of School Education, by an order dated 6th April, 2010, observed that since Tripti, after tendering his resignation from a recognised aided school, had joined Fertilizer High School, an unaided school, the service rendered in such unaided institution could not be counted towards qualifying service for pension in view of Government Order No. 131-SE (B) dated 19th April, 2006. Aggrieved by the said order dated 6th April, 2010 issued by the Director of School Education, the writ petition came to be filed.

4. As indicated in the report of the Additional Stamp Reporter, there is a delay of 184 days in preferring the proposed appeal. Accordingly, an application for condonation of delay (hereinafter referred to as “the application”) has been filed along with the memorandum of appeal.

5. In an attempt to explain the delay, it has been averred in the application that the order dated 16th January, 2025, which was passed ex parte, was communicated to the office of the District Inspector of Schools on 31st January, 2025, and a copy thereof was received on 10th February, 2025. Thereafter, the District Inspector of Schools, by a letter dated 28th February, 2025, requested the learned Legal Remembrancer to apply for a certified copy of the said order. Pursuant thereto, an application for certified copy was made on 4th March, 2025, and the same was made ready for delivery on 10th March, 2025.

6. In the meantime, the District Inspector of Schools, by a memorandum dated 7th March, 2025, forwarded a proposal to prefer an appeal against the order dated 16th January, 2025 to the Commissioner of School Education. Upon completion of all requisite formalities, the learned Legal Remembrancer accorded approval for filing the appeal on 4th July, 2025 and, by a letter dated 22nd July, 2025, engaged Mr. Swapan Dutta, then learned Additional Government Pleader, along with a junior of his choice, to prefer the appeal. Mr. Dutta thereafter took (9) nine days to collect all relevant papers and file the appeal. Ultimately, the appeal was preferred on 18th August, 2025. In the process, a delay of 184 days occurred in preferrin