Bhagabati Misra vs State Of West Bengal & Others

Tapabrata Chakraborty, J

The present writ petition has been preferred inter alia praying for issuance of necessary direction upon the respondents to disburse all the pensionary benefits in favour of the petitioner treating her date of superannuation as 30th September, 2016.

Mr. Alam, learned advocate appearing for the petitioner submits that the petitioner's date of birth is 15th September, 1956, as would be evident from the transfer certificate annexed at page 21 of the writ petition. The petitioner was selected and appointed to the post of Kitchen Attendant in Mahishadal Girls' College (in short, the college) on 17th November, 1988. Thereafter, her service book was prepared in which her date of birth stood incorporated as 15th September, 1956 and on the basis of the same her superannuation was due on 30th September, 2016. However, the petitioner was superannuated on and from 30th September, 2010 treating her date of birth to be 15th September, 1950. Objecting to such action on the part of the college authorities, the petitioner submitted representations on 15th November, 2010 and 11th April, 2013 but in vain. About three years thereafter the Principal of the college being the respondent no.6 herein by a letter dated 27th January, 2016 intimated the respondent no.3 that the petitioner's actual date of birth is 15th September, 1956 and that inadvertently her date of birth was changed to 15th September, 1950 in the acquittance roll of the hostel employees in the month of June, 1994 and treating her date of birth as 15th September, 1950, she was superannuated on 30th September, 2010, however, thereafter she was allowed to work on casual basis. By the said letter the respondent no.3 also requested to reinstate the petitioner with all service benefits. The said letter was issued on the basis of a resolution adopted by the governing body of the college on 13th October, 2015.

Drawing the attention of this Court to a letter dated 3rd April, 2017 issued by Joint Director of Public Instruction to the respondent no.6, annexed at page 26 of the writ petition, he submits that there was a specific recommendation towards correction of date of birth and a direction upon the college to correct and to appropriately re-fix the petitioner's pay and to forward all the pension papers. Pursuant to the said letter, the service book of the petitioner was prepared treating her date of birth as 15th September, 1956 and the pension papers were forwarded to the respondent no.3 but thereafter, no further steps were taken. Aggrieved thereby, the petitioner has approached this Court.

He contends that for the fault on the part of the college the petitioner cannot suffer. The college authorities have illegally superannuated the petitioner on and from 30th September, 2010 though on the basis of her date of birth, as incorporated in the service book, she was entitled to continue in regular service till 30th September, 2016.

Placing reliance upon the affidavit-in-opposition filed by the respondent nos.1, 3 and 4, Mr. Datta, learned advocate appearing on behalf of State submits that the petitioner was superannuated treating her date of birth as 15th September, 1950. Thereafter, the petitioner did not avail appropriate remedies save and except submission of only two representations, one was dated 15th November, 2010 and the other was dated 11th April, 2013. Both the said representations were addressed to the respondent no.6. In fact, no objection or representation was submitted to the respondent no.3. Though the petitioner was discontinued from her regular post on and from 30th September, 2010, the pension papers were not forwarded by the college. For the first time, by a letter dated 27th January, 2016, the respondent no.6 requested the respondent no.3 to reinstate the petitioner treating her date of birth as 15th September, 1956. The college authorities also admitted that inadvertently the petitioner's date of birth was altered in the acquittance roll. From the said sequence, it is evident that the petitioner had suffered due to the irresponsibility and inadvertence of the part of the college authorities and now they cannot pass the buck to the State with a request towards disbursement of regular salaries for the entire period from 1st October, 2010 till 30th September, 2016 and to disburse the pensionary benefits treating her date of birth as 15th September, 1956.

According to Mr. Datta, there were laches on the part of the petitioner also. When she was discontinued from the regular post on 30th September, 2010 she ought to have immediately approached the competent authorities ventilating her grievances.

Mr. Samanta, learned advocate appearing for the respondent no.6 submits that on and from 1st October, 2010 the petitioner was allowed to work on causal basis and Rs. 100/- was paid to her for every day's work till 30th September, 2016.

From the acquittance roll, as annexed to the affidavits-in-opposition filed by the State and the said college, it appears that in the acquittance roll of the month of May, 1994 the petitioner's date of birth was for the first time recorded as 15th September, 1950 in place and stead of 15th September, 1956 and on and from June, 1994 till the 30th September, 2010, the petitioner accepted her salary upon signing such acquittance roll and thus since the month of June, 1994 she was well aware about such erroneous incorporation of her date of birth but she remained silent. Thereafter, she only filed two representations, one in the year 2011 and the other in the year 2013. She was allowed to continue thereafter on casual basis by the college on and from 1st October, 2010 till 30th September, 2016. Subsequent thereto, the writ petition has been filed in the year 2018 seeking direction from this Court to reinstate her and to pay all the arrear salaries and to disburse the pensionary benefits on the basis of her correct date of birth and treating her superannuation as on 15th September, 2016.

In my opinion, after having been superannuated on and from 30th September, 2010, the petitioner cannot claim rectification of her date of birth upon filing a writ petition in the year 2018.

However, there is no dispute that on the date, i.e., on 30th September, 2010, the petitioner was superannuated, she had completed the required period of qualifying service and became entitled to her pensionary benefits on and from the said date.

In course of hearing Mr. Datta has place before this Court a letter dated 5th August, 2019 issued to the respondent no.6 requesting him to appear before the Additional Director (A/cs) in the office of the Director of Public Instruction, Bikash Bhaban on 13th August, 2019 at 11:00 a.m. along with all relevant documents in order to recast the service book of the petitioner. A copy of the said letter, as produced by Mr. Datta, be kept on record. Copies of the same have also been handed over to the learned advocates appearing for the petitioner and the said college authorities. The respondent no.6 shall appear before the concerned officer in the office of the respondent no.3 without any fail on 13th August, 2019. The petitioner shall also appear before the concerned officer to comply with the necessary formalities, if any.

The respondents are directed to settle the petitioner's claim towards grant of pensionary benefits treating her date of superannuation as 30th September, 2010 and to disburse the said benefits within a period of eight weeks from the date of communication of this order.

The writ petition is, accordingly, disposed of.

There shall, however, be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.