IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction (APPELLATE SIDE)

Present:

The Hon’ble Justice Smita Das De W.P.A. No. 10164 of 2023 Tarapada Masanta Vs.

The State of West Bengal & Ors.

For the petitioner : Mr. Debabrata Karan, : Ms. Sabita Khutia(Bhunya)

: Mr. Debopriyo Karan For the State : Mr. Santanu Kumar Mitra : Mr. Ranjit Rajak Reserved on : 11/07/2025 Judgment on : 25/07/2025 Smita Das De, J.:-

1. The writ petitioner has filed the instant writ petition for an order directing inter alia, the Government of West Bengal, to grant minimum pension to the petitioner after condoning one year shortfall in his service after counting his past continuous service before being absorbed in the substantive post with effect from March 30, 2005.

2. Appropo, the facts of the case is that the writ petitioner joined as an Assistant Teacher on July 10, 1981 pursuant to an appointment letter dated June 22, 1981 issued by the Secretary, Organising Managing Committee of Ichharia Junior High School, District-

Bankura (hereinafter referred to as the said school). The said school was established in the year 1970. Thereafter the President of the Organising Managing Committee of the said school submitted an application to the West Bengal Board of Secondary Education for its recognition.

3. On July 3, 1970 the Director of Public Instruction West Bengal vide Memo dated July 3, 1970 issued by District Inspector of Schools (S.E.), Bankura being the respondent No. 4 herein, directed to inspect the school for recognition as Junior High School. On August 20, 1971 the school was inspected by the Assistant Inspector of School (S.E.), Bankura for the purpose of recognition. Subsequently on April 4, 1986 though the school was inspected by the District Level Inspection Team (hereinafter referred to as the “DLIT”) but the ‘DLIT’ did not recommend the school to the Board for granting recognition. Being aggrieved by such refusal to recommend the school for granting recognition to the Board, the President, Organising Managing Committee of the said School filed a Writ Application being C.O. No. 326(W) of 1989. After hearing the matter at length, the Hon’ble Justice Ajit Kumar Sengupta (as His Lordship then was) was pleased to dispose of the Writ application by passing an Order on November 3, 1989 directing inter alia, the Director of School Education to consider the representation for recognition of the school, holding that if the school is recognized, in that event the approval for the appointment of the teachers of the school shall be made from the date of recognition. In compliance of the said order dated November 3, 1989, the Director of School Education, after affording an opportunity of hearing, passed a reasoned order rejecting the claim of the petitioner on the ground that since the financial position of the State Government does not permit recognition of new schools during the current financial year (1989-1990), the case cannot be recommended for granting recognition and directed the respondent No. 4 to hold ‘DLIT’ inspection for consideration of the recognition of the school, when, quota for the purpose is allotted and to send the direction to the respondent No. 4 accordingly. It was further held that the case of approval of teaching and non-teaching staff of the school will be considered subject to the fulfillment of the conditions as per rules. Thereafter the ‘DLIT’ inspection was held but the West Bengal Board of Secondary Education being the respondent No. 7, refused to grant recognition. Being aggrieved by the actions of the authority concerned for refusing to grant recognition to the said school, the teaching and non-teaching staff filed another Writ Petition No. being W.P. no. 19534(W) of 1999. After hearing the matter at length the writ petition was disposed of by an Order dated May 20, 2002 directing inter alia, the President of the respondent No. 4 to grant recognition within a period of three months from the date of communication of the