BASHAB KUMAR CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Mr. Majumdar, learned counsel for the State, has argued the case as strongly as possible. He has placed all the facts, all the documents, decisions and letters that are on record. But unfortunately, no matter how hard he tries today; he is not in a position to reverse the state of affairs that started on 10th September, 1980 with the appointment of the writ petitioner as an assistant teacher in Bengali and ended with his retirement on 30th August, 2008. The writ petitioner's retiral benefits have been held up by the Government. There is only one substantial ground for doing so. It is this. The writ petitioner did not have a qualification in Master of Arts in Bengali that could be recognised by the Government.

(2.) In 1972, the writ petitioner obtained a Master of Arts degree from the Chittagong University in Bangladesh. On the basis of this degree he was placed in the post-graduate scale of pay. He also had an honours degree in Bengali from the same University.

(3.) There was no fraud or concealment on the part of the writ petitioner. He had openly disclosed his credentials at the time of his appointment. His pay scale was revised from time to time on this basis, until he finally retired in 2008 drawing pay, as re-fixed from time to time, in the post-graduate scale.