KRISHNA SARKAR CHAKI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner joined Falakata Girls' High School (HS), Alipurduar pursuant to the order of the District Inspector of Schools (SE), Alipurduar, issued on May, 1995. In or about 2005, the concerned D.I. of Schools, has sanctioned higher scale of pay to the petitioner on the basis of amen history qualification in terms of G.O. No. 57-SE(B), dated January 27, 1995. The petitioner continued draw the post graduate pay scale till retirement. At the time of processing of the petitioner's pension paper, the Director of Pension, Provident Fund and Group Insurance, West Bengal noticed that the petitioner did not have the post graduation in the subject in which she was teaching i.e. Work Education.

(2.) By applying para 12(3) of the Memo No. 25- SE(B), dtd. 12/2/1999 read with G.O. No. 155 dated July 13, 1999, the DPPG raised questions as regards the post graduate pay scale allowed to the petitioner in the year 2005.

(3.) This Court is of the view that if the post graduate pay scale granted to the petitioner is contrary to law and rules of the State, no refund can be made towards the sums already paid to the petitioner in terms of the decision in the case of Thomas Daniel Vs. State of Kerala and Ors. reported in AIR 2022 SC 2153.