STATE OF WEST BENGAL Vs. RANJIT KUMAR MAITY

JUDGEMENT

(1.) Aggrieved by an order of the District Inspector of Schools (Secondary Education) Paschim Medinipur withdrawing the post-graduate scale of pay the respondent no. 1 herein filed a writ petition. The writ petition succeeded. The learned single Judge directed that the order impugned in the writ petition could not be sustained and the same was set aside with consequential orders.

(2.) This has left the State of West Bengal and its concerned officials aggrieved. The result is the present appeal.

(3.) The respondent no. 1 was appointed an Assistant Teacher of Bio Science of a secondary school on January 2, 1980. In the year 1982 he obtained the M.A. degree in Islamic History which obviously was not relevant to the subject of his teaching. On an application made by him the District Inspector of Schools (SE) (the appellant no. 3 herein) sanctioned him the post-graduate scale of pay with effect from September 5, 1987. While he was enjoying the post-graduate scale of pay for about a decade the appellant no. 3 issued an order reviewing and canceling the earlier order with retrospective effect with a direction to deposit the amount overdrawn. This was assailed in the writ petition.