TARUN DUTTA Vs. STATE OF W B

JUDGEMENT

(1.) The prayers made out in the instant writ petition are as follows:- a) A writ in the nature of Mandamus, directing and/or commanding the respondents to release the petitioner's all retirement benefit for Rs. 1,70,488.50 on account of Gratuity, Rs.11,364.00 on account of arrear salary and also balance amount of P.F. and E.P.F. of the petitioner + 18% interest per annum and thereby make the Rule absolute. b) A writ of or in the nature of Certiorari directing the respondents to transmit all the original relevant papers and documents relating to the case before the Hon'ble Court at the time of hearing of the case, so that conscionable justice may be done.

(2.) Admittedly the petitioner is an Assistant Teacher of Scottish Church Collegiate School and there is no dispute also that he joined the school on 1st September, 1960 and superannuated from service on 1st October, 1997. The petitioner admittedly possessed qualification of B.Sc. (Bio-Science) and it is also admitted that the petitioner improved his educational qualification by securing degrees in B.Sc.(Special Rons.) in Zoology in the year 1964, B.T. in the year 1967 and lastly he obtained the degree in M.A. (Islamic History) in the year 1972. In support of his claim he has craved for leave to produce those certificates at the time of hearing. The petitioner in paragraph 4 of this writ petition stated that after obtaining the aforesaid higher qualification, the school authority time to time allowed the petitioner incremental benefits for his higher qualification with due approval of the authority concerned. The petitioner also claimed that he was granted M.A. scale of pay by the school authority and he was also allowed benefit to be continued till his retirement without any condition or stipulation.

(3.) According to the petitioner when he joined the said school at that time the said school had its own scale of pay. The petitioner also averred in the writ petition that in the year 1990 the school introduced a new scale of pay for the employees of the school in terms of Notification No. 33-Edn.(B) dated 7th March, 1990 issued by the Education Department.