MALA BHATTACHARJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Since common questions of fact of law are involved, these two petitions have been heard together and shall stand disposed of by this common judgment.

(2.) The original first petitioner and the second petitioner in W.P. No. 5167(W) of 2006 were approved teachers of Tuliya Sitala Balika Vidyapith (hereafter the school). The first petitioner in W.P. No. 5168 (W) of 2006 was the Headmistress of the school while the second petitioner was a clerk thereof. The original first petitioner in the former petition having died on 23.9.2006, an application for substitution was filed which, on being allowed, her legal heirs have been brought on record as substituted petitioners by an order dated 28.4.2009. While the Headmistress retired from service w.e.f. 1.8.2004, the clerk retired from service w.e.f. 1.8.2000.

(3.) The petitioners have prayed for payment of salary and other benefits in terms of ROPA 1981 and ROPA 1990. They have also prayed for payment of arrears upon fixation of pay in the appropriate scale of pay in terms of ROPA 1981 and ROPA 1990.