GIRIJA PRASAD PANDEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ Petitioner is a retired primary school teacher who retired with effect from 31st January, 2009, after rendering twenty-three years of service. He has filed the instant writ petition being primarily aggrieved by the inaction on the part of the Respondent authorities to pay his retiral dues. Direction for filing of affidavits were given earlier and the writ petition is now being finally heard and disposed of upon exchange of affidavits.

(2.) In the writ petition it has been specifically stated, inter alia, that the writ Petitioner joined service on 1st January, 1980, as an Assistant Primary School Teacher under "B" category. Subsequently, the writ Petitioner obtained a B. Ed. Degree in the year 1986 from Jadavpur University (Evening Section). Prior to enrolling himself for the said B. Ed. Course, the Petitioner made a prayer, by a letter dated 9th July, 1984, to the concerned District Inspector of Schools (P.E.), Kolkata, seeking permission to appear in the said course. Such permission was granted and was endorsed in the said letter itself by the concerned District Inspector of Schools (P.E.).

(3.) Consequent upon the Petitioner successfully passing the B. Ed. Examination, the District Inspector of Schools (P.E.), Kolkata, vide Memo, dated 5th March, 1987, sanctioned "A" category scale of pay with effect from 7th October, 1986, in favour of the writ Petitioner. In the affidavit-in-opposition affirmed on 16th December, 2009, by the District Inspector of Schools (P.E.), Kolkata, for the first time after more than twenty-two years, a stand has been taken to the effect that the permission given to the writ Petitioner, in the year 1984, to appear in the B. Ed. Course by the then District Inspector of Schools (P.E.), was possibly given inadvertently. According to the deponent, as per G.O.1192-Edn. (P) dated 20th July, 1973, part-time evening B. Ed. Course was available only to the untrained approved teachers of recognized secondary schools and, therefore, the writ Petitioner was not eligible to undergo the B. Ed. Evening course.