Calcutta High Court (Appellete Side)
Smt. Sipra Chowdhury (Mondal) vs The State Of West Bengal & Ors on 5 September, 2013
Author: Debasish Kargupta
Bench: Debasish Kargupta
1
05.09.2013.
Sl. No. 224.
S.D.
W.P. No. 10373(W) of 2013
Smt. Sipra Chowdhury (Mondal)
Vs.
The State of West Bengal & Ors.
Mr. Bibek Jyoti Basu
Mr. Uttam Kumar De
....For the Petitioner.
Mr. Tapas Kumar Mondal
....For the State.
This writ application is directed against the decision of the
respondent no. 3 in the matter of granting approval of his service as a non‐
teaching staff (Peon) of mechagram Purna Chandra Balika Vidyayatan (Junior High School), District - Purba Medinipur with effect from September 01, 1993.
At the very outset, a preliminary objection is raised on behalf of the State respondents with regard to maintainability of this writ application on the ground of filing of the same at a belated stage. According to the petitioner, the impugned approval had been given in the year 1993, but the writ application was filed on March 25, 2013.
2Having heard the learned counsel appearing for the respective parties as also for considering the facts and circumstances, I find that the issue involved in this matter relates to the date of initial appointment as approved by the respondent no. 3. The above date is relevant for calculating the benefits arising out of the above service of the petitioner not only during the tenure of his service, but also for the calculation of post retiral benefits. Therefore, the objection raised on behalf of the State respondents is misconceived and the same is rejected. Having heard the learned counsel appearing on behalf of the respective parties as also having considered the facts and circumstances of the case, I find that the appointment of the petitioner to the post under reference was approved with effect from September 01, 1993. But the above approval was given to the petitioner consequent upon upgradation of the school concern as a Junior High School with effect from May 01, 1991. The petitioner was organizer teacher of the above institution. After perusing the departmental circular no. 2605 (16)‐SC/S, dated December 20, 1984, I find that the service of an eligible organizing teaching or non‐teaching staff of an institution has to be approved from the date of its recognitions instead considering the date of approval of service on the whims and caprice of the Government Officer. This attitude of the 3 respondent no. 3 is disapproved by this Court and the above date of approval is quashed and set aside.
The respondent no. 3 is directed to approve the above service of the petitioner with effect from May 01, 1991, i.e. the date of upgradation of the school under reference as Junior High School and to pay all the consequential benefits including arrears to the petitioner together with interest @9% on the arrears within two months from the date of communication of this order. The above interest shall be paid from the public exchequer at the first instance.
Let it be recorded that the rate of interest is fixed at 9% taking into consideration the highest prevailing rate of interest by a Nationalized Bank on fixed deposit.
The Secretary to the Government of West Bengal, School Education Department is directed to fix up the responsibility of the erring officer to act on his whims and caprice instead of adhering to the departmental circular as recorded hereinabove and to realize that the aforesaid amount of interest from his salary within three months or by way of raising public demand in case of his retirement.
This writ application is, thus, disposed of.
There will, however, be no order as to costs.
4Urgent photostat certified copies of this order, if applied for, be given to the parties on priority basis.
(Debasish Kar Gupta, J.)