SANKAR NATH SINHA Vs. DISTRICT INSPECTOR OF SCHOOL

JUDGEMENT

(1.) The petitioner was appointed as an Assistant Teacher in Modern School (H.S.) at Calcutta. He was appointed in Social Science group in the normal section of the said school. At the time of his appointment his educational qualification was B.Com. (Hons), Special B.A. and B.Ed. However, while approving his service as an Assistant Teacher in the said school, the concerned District Inspector of schools did not record his Honours degree in the approval letter. Undisputedly, he was appointed as an Assistant Teacher in the vacancy which was created on the resignation of Sibaprasad Ghosh, an Assistant Teacher, of the said school. At the time of his appointment, his salary was fixed at Rs. 557/- (all inclusive) per month. In his appointment letter it was mentioned that he was appointed on probation for a period of two years as per rules of the Educational Director, Government of West Bengal, with a rider that he would have to obtain Master Degree within the probationary period and his service would be confirmed in the said post subject to obtaining Master Degree within the probationary period.

(2.) The petitioner joined his service as an Assistant Teacher in the said school by accepting the condition as mentioned in the appointment letter issued by the school authority on 18th March, 1981 being annexure 'P-1' to this writ petition at page 29. The petitioner enhanced his qualification by acquiring Master Degree in Commerce in 1982. The result of the petitioner's M. Com. examination was published on 11th October, 1983. After the petitioner enhanced his educational qualification by acquiring Master Degree in Commerce, higher scale of pay was given to him. His pay scale was revised from time to time and in fact immediately before his retirement, he used to receive a sum of Rs. 30,570/- towards his monthly salary. The petitioner retired from service on superannuation with effect from 30th September, 2011.

(3.) Problems started in course of settlement of the retrial dues of the petitioner as the Joint Director of Accounts, Kolkata, was of the view that the scale of pay which was given to the petitioner was not admissible to him. In fact, the District Inspector of Schools (S.E.), by following the objection raised by the Joint Director of Accounts, reduced the pay of the petitioner to Rs. 26,220/- with effect from September, 2011. Accordingly, the Headmaster of Modern School, by his letter dated 26th July, 2011, asked the petitioner to refund the overdrawal amount of pay amounting to Rs. 6,81,797/- by way of depositing the said amount to the proper government head by challan (TR. 7) at the earliest possible time so that his pension papers may be resubmitted to the concerned authority for settlement of his retiral dues.