SIPRA BHATTACHARYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ Petitioner has challenged the order dated 26.11.2007 by which the Secretary to the Government of west Bengal Mass Education Extension Department directed the recovery of the overdrawn amount from the writ Petitioner and also to stop the annual increment w.e.f. 1.4.2001.

(2.) The writ Petitioner was appointed as assistant teacher in the vacant post in Asutosh Institution - a DA getting institution imparting education to the physically handicapped. The approval of such appointment was duly accorded by the Director of the Technical Education, West Bengal on 30.1.1986 with retrospective effect from 5.8.1985. Subsequently the writ Petitioner was appointed as Principal w.e.f. 1.4.1988 and such approval was granted by the Deputy Director of Technical Education, West Bengal on 11.10.1988. Subsequently the Government of West Bengal Mass Education Extension Department issued a memo dated 30.3.2001 sanctioning the sponsorship to the said Asutosh Institution. It was specifically mentioned therein that the exiting teaching and non-teaching regular staff of the institution will be absorbed against the respective posts and shall be placed in respective scales of pay as admissible for holders of the similar qualification in identical post in sponsored institutions for the handicapped under the administrative control of the said department. It was further provided that the staff having requisite qualification and training will be absorbed in the teaching posts. By a subsequent notification dated 29th August 2002 issued by the Joint Secretary, Government of West Bengal, Mass Education Extension Department the government of West Bengal approved the service of the writ Petitioner as principal of the said Asutosh Institution with effect from the date of the sponsorship of the institution i.e. 1.4.2001 and allowed further increment in scale of pay if she obtains a proper qualification and training for the post of principal within three years. By another government order dated 26.11.2002 issued by the Director of the Mass Education Extension, Government of West Bengal the appointment of the writ Petitioner as principal was approved w.e.f. 1.4.2001 but stopped the further increment in scale of pay until the writ Petitioner obtains the qualification and training within three years in terms of the government order dated 25.2.2002. The writ Petitioner subsequently obtained B. Ed. degree in 2003 and also completed the training course in terms of the condition laid down in the letter of approval. After obtaining such training the Director of the Mass Education Extension vide memo dated 29th March 2006 intimated the Secretary, Asutosh Institution that the condition regarding the training and drawl of early increment is withdrawn and the writ Petitioners are allowed to draw their early increments as trained staff with effect from the date following the date of last examination of training course. The writ Petitioner thereafter was given the early increment by the Respondent authorities. By an impugned order the increment which was given to the writ Petitioner was stopped and further recourse was contemplated to recover the overdrawal amount paid to the writ Petitioner. Thereafter several representation is made for withdrawing the impugned memo but no decision for such withdrawal was taken.

(3.) The writ Petitioner has prayed for cancellation, quashing and setting aide the said memo dated 28th November 2007. It would be pertinent to mention that during the pendency of the writ application the writ Petitioner has attained the age of superannuation.