MIHIR KUMAR HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Having heard the learned advocates for the parties and upon perusing the instant application, it appears that the writ Petitioner has been visited with adverse civil consequences upon his retirement from service.

(2.) The case of the writ Petitioner is that he joined service on 1 st January, 1973, as an Assistant Teacher in a Free Primary School, situated presently in the district of South 24 Parganas. Subsequently, the writ Petitioner obtained a B. Ed. degree from the University of Calcutta, in the year 1976. Consequently, the Secretary, District School Board, 24 Parganas, by a memo bearing No . 3603/1 dated 19th February, 1982, intimated the Sub-inspector of Schools , Kulpi-I Circle, Post-Kulpi, District-24 Parganas, that the Petitioner, who was an Assistant Teacher of Chakmonohari Free Primary School, has been allowed to enjoy the benefit of' A ' Category scale of pay w.e.f. 28th April, 1978, for passing the B. Ed. examination. The Sub-Inspector of Schools was also directed to enter this decision in the Service Book of the writ Petitioner. A copy of the said memo dated 19th February, 1982, is annexed at page 17 of the writ petition marked as Annexure P-3. Since then, the writ Petitioner was allowed to enjoy the benefit of' A ' category scale of pay w.e.f. 28th April, 1978, till the date of his retirement, i.e. 30th March, 2009. During that tenure of service, the Respondent authorities also deducted from the writ Petitioners pay month by month, an amount calculated at the rate of 8.33% on the basis of the 'A' Category scale of pay, towards his provident fund account. Upon his retirement, the Petitioner's pension papers were forwarded to the Director, Pension, Provident Fund & Group Insurance, West Bengal, for payment of his retiral benefits. The Assistant Director, Pension, Provident Fund & Group Insurance, West Bengal, vide memo dated 20th May, 2010, informed the District Inspector of Schools (P.E.), South 24 Parganas, that the pension case in respect of the Petitioner was being returned for reasons stated therein with a request to rectify the defects pointed out before re-submission of the same.

(3.) The reason for returning the pension papers of the writ Petitioner, as stated in the memo dated 20th May, 2010, is quoted hereinbelow: