PURNENDU SEKHER PAHARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner, who was an assistant teacher of Ganeswarpur B. H. High School in the district of Purba Medinipur superannuated on 31st March, 2008. He, however, has not got his retrial benefits, except provident fund and gratuity, and that too only in pursuance of an interim order of this Court passed in this proceeding at the initial stage. The reason why his retrial benefits has not been finalized is an objection raised by the audit department of the State Government on the ground that while he was in service, he had overdrawn certain amount as part of his salary.

(2.) The writ petitioner is an Honours graduate in philosophy and claims to have taught in the language group in the said school. According to the State respondents, he is not entitled to salary at the scale specified for the Honours graduates.

(3.) The case made out in the affidavit in opposition of the respondents is that since he was teaching in the language group, his Honours degree in Philosophy was of no extra benefit and he ought to have been paid salary specified for an ordinary graduate, known in common parlance as pass graduates. The writ petitioner, however, had drawn his pay as an Honours graduate. The Memorandum of the District Inspector of Schools, in which the query was raised addressed to the school authorities in which the writ petitioner was serving has been impugned in this writ petition. This memorandum dated 8th November, 2007, has been made Annexure "P-6" to the writ petition. This memorandum refers to audit objection over grant of honours scale of pay to the petitioners. This memorandum was issued prior to finalization of the petitioner's pension papers.