HARUN Vs. STATE OF WEST BENGAL AND ORS.

JUDGEMENT

(1.) The matter relates to non-releasing of service benefit in favour of the writ petitioner on the alleged plea that the higher scale of pay that was given to the writ petitioner with effect from 1987 till 1995, is not in accordance with Government memo prevailing at the relevant time.

(2.) Learned Counsel for the writ petitioner submits that the M.A. examination which was held in 1981 ended on 5th September, 1982 and as per the Government circular the writ petitioner is entitled to get the benefit with effect from 1987 which was granted in favour of the writ petitioner for 5 years and therefore, there is no illegality. He submitted that the decision and/or conclusion arrived at by the District Inspector of Schools (SE), North 24-Parganas is fully erroneous specially when the M.A. examination which ended on 5th September, 1982 was considered by the respondents and they have allowed such benefit of higher scale of pay to the writ petitioner with effect from 1987.

(3.) It was further contended that he came up before this Court and this Hon'ble Court on 18th January, 2007 directed the concerned District Inspector of Schools to consider the case of the writ petitioner but the concerned District Inspector of Schools has erroneously decided the matter against the writ petitioner and has withdrawn the benefit although the writ petitioner is entitled to get such benefit in view of the Government memo as referred by the District Inspector of Schools in his order.