CHITTARANJAN MAITI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned Advocates for the parties.

(2.) The writ petitioner was an approved Assistant Teacher of "Keshabpur Gadadhar Jagindra Milan Vidyapith" of Keshabpur Jalpai, District-Purba Medinipur. He retired from service on 30th April, 2003, after thirty-three years spent in teaching. THE scale of pay of the writ petitioner was revised from time to time, as per ROPA 81, ROPA 90 and ROPA 98. As such, revised scale of pay and fixation of the scale of pay were duly recorded by the school authorities in the service-book of the writ petitioner. THE same was also approved from time to time by the concerned District Inspector of Schools, without any dispute and/or complain. Before retirement, all his papers were submitted by the school authorities to the concerned District Inspector of Schools for the purpose of sanctioning pensionary benefits including gratuity.

(3.) In my view, the issue, sought to be raised by the writ petitioner in the instant case, has been well-settled by various pronouncements of the Supreme Court as well as by this Court. IN a recent decision of the Supreme Court reported in (Syed Abdul Qadir Ors. v. State of Bihar and Ors., 2009 1 Supreme 163) it has held, inter alia, as follows:-