Calcutta High Court (Appellete Side)
Md. Zillar Rahaman vs The State Of West Bengal & Ors on 7 May, 2013
Author: Debasish Kargupta
Bench: Debasish Kargupta
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07.05.2013.
rc
W.P. No. 12873 (W) of 2013
Md. Zillar Rahaman
Versus
The State of West Bengal & Ors.
Mr. Ekramul Bari
Syed Mansur Ali
Mrs. Tanuja Basak ... For the Petitioner.
Mr. S. Pal ... For the State
Let the affidavit of service be kept on record.
This writ application is filed by the petitioner for a direction
upon the Secretary to the Government of West Bengal, Minority and
Madrasah Education Department to consider his prayer for releasing
the short fall of 4 months of service for extending the benefit under the
West Bengal Non‐Government Aided Educational Institution
Employees (Death‐cum‐Retirement) Scheme, 1981 in his favour in
connection with his service as an Assistant Teacher of Gurudaspur
S.N.Hasan High Madrasah, District - Murshidabad. The petitioner
retired from his above service on attaining the age of retirement on
superannuation with effect from December 31, 2009.
In compliance of an order dated August 10, 2012 passed in the
matter of Md. Zillar Rahaman Vs. State of West Bengal & Ors. (In Re :
W.P.No. 14581(W) of 2012) the Secretary to the Government of West
Bengal, School Education Department took up the above issue for
consideration and by virtue of the impugned order come to the
conclusion that the Secretary to the Government of West Bengal,
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Minority Affairs and Madrasah Education Department was the
appropriate authority to take a decision in the above matter. The above
matter was sent to the above department.
I direct the Secretary to the Government of West Bengal,
Minority Affairs and Madrasah Education Department to take a
decision in the above matter by passing a reasoned order within a
period of two months from the date of communication of this order in
accordance with law taking into the consideration the provision of
Clause (iv) of Sub‐Paragraph (e) of Paragraph 7 of the DCRB Scheme,
1981 as also the judgment delivered in the matter of Subhas Ch.
Chakraborty Vs. State of West Bengal & Ors. reported in (2013) 1 CHN
438.
The respondent authority is further directed to give opportunity
of hearing to the petitioner.
The above decision shall be communicated to all concerned including the petitioner by the above authority within a week from the date of taking the above decision.
Since no affidavit‐in‐opposition is filed on behalf of the respondent, the allegations made against them in this writ application are to be treated as denied by them.
I make it clear that I have not entered into the merits and all points are kept open.
This writ application is disposed of. There will be, however, no order as to costs. Urgent photostat copy of the order, if applied for, shall be given to the parties on the usual undertakings.
( Debasish Kar Gupta, J. ) 3