STATE OF WEST BENGAL Vs. KALI SADHAN BHATTACHARJEE

JUDGEMENT

(1.) This appeal is directed against the impugned order dtd. 22/6/2021 passed by the learned Single Bench of this Court in connection with W.P.A. 22066 of 2017.

(2.) The writ petitioner was retired as a headmaster from the school on June 30, 2017. At the time of joining of the petitioner in that school, the said school was a 10-Class High School which was subsequently upgraded to 10+2 Higher Secondary School with effect from July 01, 2012. The pay of the writ petitioner was fixed at Rs.32,710.00 in the pay Band-4, Rs.9000.00 - Rs.40,500.00 with Grade Pay of Rs.5,600.00 by the Additional Districts Inspector of Schools in pursuant to the memo issued by the Director of Accounts, Government of West Bengal, School Education Department. Pay fixation of headmaster of schools which was upgraded to Higher Secondary School after February 27, 2009 was done by allowing one increment at the rate of 3% of the existing basic pay along with an additional grade pay of Rs.200.00 in terms of the memo issued by the Director of Accounts, Government of West Bengal, School Education Department. The retiral benefits of the petitioner were withheld on the ground of inadmissibility of one increment at the rate of 3% of the existing basic pay of the petitioner. As the retiral benefit was not issued in favour of the writ petitioner he preferred a writ application before this Court and this appellant as respondent entered their appearance in this writ proceeding and filed their affidavit annexing the documents wherein they firstly revealed that the District Inspector of Schools by a memo no. 56 S/Pen(O) dated June 29, 2017 raised objection regarding one increment at the rate of 3% of the existing basic pay of the petitioner and it was stated in the memo issued by the District Inspector of Schools that unless the service book of the writ petitioner was rectified and overdrawn amount was deposited the retiral benefits of the petitioner shall not be disbursed.

(3.) The pay fixation in respect of the writ petitioner/private respondent was neither a mistake nor it was granted at the request of the writ petitioner. Enquiries were made by the Director of Accounts, Paschim Medinipore upon the upgradation of the schools and asked for modalities of fixation of pay of headmasters of high schools which were upgraded to a Higher Secondary School after February 27, 2009. The increment of 3% of the existing basic pay along with additional grade pay of Rs.200.00 was granted after enquiries made by the Joint Director of Accounts, Paschim Medinipore. The payment was made with increment and grade pay to the writ petitioner from the date of upgradation of the schools to a Higher Secondary Schools and there was no whisper of such giving excess payment till the retirement of the writ petitioner. This fact came into the light when the authority refused to disburse the retiral benefits and for such refusal to disburse the retiral benefits the petitioner came up with the writ application and for the first time in the said writ petition the authorities disclosed the reasons for non disbursement of the retiral benefits to the petitioner. On the verge of retirement of the writ petitioner, the Joint Secretary, School Education Department, Secondary Branch by issuing a general circular informed the Director, School Education Department that one increment of 3% of the existing basic pay would not be allowed to the Headmasters of schools which were upgraded to 10+2 after February 27, 2009. The only point of objection raised on behalf of this appellant that this writ petitioner had signed a proforma thereby undertaking to refund any excess amount that may have been paid to him by erroneous fixation of pay scale as soon as the fact of such excess drawal would be brought to his notice. Thus on the basis of such undertaking the appellants would be justified in not disbursing the retiral benefits to the writ petitioner unless and until the erroneous fixation of pay scale was rectified, the service book was corrected and the over drawn amount was recovered.