RATNA SAHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This mandamus appeal is directed against an order passed by the Learned Single Judge of this court on 15th May, 2014 in W.P. No. 4458(W) of 2003 at the instance of the appellant/writ petitioner. By the impugned order, direction was given upon the concerned District Inspector of Schools (SE) to refix the scale of pay of the writ petitioner in the trained graduate scale with effect from 1st May, 1992. The school authorities were directed to forward all necessary documents to the concerned District Inspector of Schools (SE) for the purpose of such refixation of the petitioner's scale of pay in the trained graduate scale with effect from 1st May, 1992. It was also directed that the petitioner would be paid her monthly salary in the re-fixed trained graduate scale. The direction which was given by the concerned authority for recovery of the amount drawn in excess, was quashed. Thus, the impugned demand notice issued by the concerned authority claiming refund of the excess payment made to the writ petitioner was quashed.

(2.) The present appeal is directed against that part of the direction of the Learned Trial Judge by which the respondent No. 3 was directed to refix the scale of pay of the petitioner in the trained graduate scale with effect from 1st May, 1992 and direction was also given for payment of her monthly salary in the refixed trained graduate scale.

(3.) The managing committee of the said school has also filed another appeal being MAT 1089 of 2014 (The Managing Committee, Palaspai Anchal Gita Rani Dhara Balika Vidyalaya v. Ratna Saha & Ors.) challenging the legality of that part of the impugned order by which recovery of the excess amount paid to the writ petitioner was quashed by the Learned Trial Judge.