BRIJENDRA KUMAR SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The issue involved in this appeal is very pinpointed. The appellant was a secondary school teacher in a government aided school, Salkia Shree Mishra Vidyalaya. He was post-graduate in Political Science. He obtained this qualification in 1980. He was appointed on a temporary basis on 3rd November, 1981 and made permanent on 3rd November, 1983.

(2.) The cause of controversy between the parties was a government circular No. 400- Edn.(B) dated 31st July, 1981 which was to the following effect:

(3.) According to the appellant he was entitled to the higher scale of pay from 3rd November, 1981 whereas according to the respondents as stated in their affidavit-in-opposition and argued in court by their learned counsel, the appellant was not an existing teacher on 1st April, 1981 the date of effect of the notification but was only appointed on 3rd November, 1981. Hence, he would only be entitled to the higher scale of pay five years from 3rd November, 1983 i.e. with effect from 3rd November, 1988. On 31st October, 2017 the appellant retired. His pension was sought to be calculated on the basis of the higher scale of pay with effect from 3rd November, 1981.