ASIT BARAN MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Judgment of the Court was as follows :

(2.) THE petitioner was initially appointed as an Assistant Teacher in Science Group of Astichak S.J. High School, District Purba Medinipur with effect from January 20,1981. Subsequently the petitioner obtained Master Degree in Islamic History in the year 1982. The petitioner was appointed as Headmaster of Analberia High School (H.S.), District Purba Medinipur with effect from April 22, 2Q04. The benefit of higher scale of pay extended in his favour with effect from September 6, 1987. The petitioner retired from the aforesaid service with effect from December 1, 2011. Since the terminal benefits were not paid to him, the petitioner moved an application under Article 226 of the Constitution of India in the matter of Asit Baran Maity v. The State of West Bengal & Ors., [In Re: W.P. No. 356 (W) of 2012]. It was disposed of on February 17, 2012 with a direction upon the respondent No. 4 to take a decision in the above matter in accordance with law. By virtue of the impugned order, the respondent No. 4 decided not to extend the benefit of higher scale of pay in the matter of fixation of last pay drawn for the purpose of calculating terminal benefits.

(3.) FOR proper adjudication of the issued involved in this matter the operative part of the impugned order is quoted below: