JAHARLAL GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is directed against an order passed by the respondent No. 5 under his Memo No. 3506 dated August 16, 2012. By virtue of the impugned order, the respondent No. 5 requested the respondent No. 3 to furnish copy of a Government Order as also order of approval of pay protection passed by the Director of School Education, West Bengal (now designated as Commissioner of Education, Government of West Bengal) in connection with the stepping up of pay of the petitioner. The petitioner retired from the service of an Assistant Teacher of Bighati Kishori Mohan High School on attaining the age of retirement on superannuation of March 31, 2013. Having heard the learned counsel appearing on behalf of the respective parties as also after considering the facts and circumstances of the case, I find that stepping up of pay of the petitioner in connection with the above service was approved by the respondent No. 3 by passing an order under Memo No. 681/G7, dated May 13, 2002 (annexure "P 2" at page 21 of this writ application). Subsequently, the above information of stepping up of pay of the petitioner was communicated to the respondent No. 2 by the respondent No. 3 under his Memo No. 395/S GA, dated December 27, 2007 (annexure "P 4" at page 30 of this writ application). After retirement of the petitioner from the above service, the respondent No. 5 passed the impugned order.

(2.) Having heard the learned counsel appearing for the respective parties as also after considering the facts and circumstances of the case, I find that in accordance with the provisions of Memorandum No. 454 SE(B)/ES/B/IM 136/2005, dated November 21, 2006, the respondent No. 3 is the competent authority to approve the stepping up of pay and allowances of the petitioner.

(3.) It is the settled proposition of law that a natural person has the capacity to do of lawful things unless his capacity has been curtailed by some rule of law. In case of statutory authority it is just the other way. The statutory authority has no power to do anything unless those powers conferred upon that statutory authority.