MD. YAHYA MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Throwing challenge to the legality of the memo vide. no. BHT/24/5/(2)/law dtd. 19/1/2010 issued by the Additional District Inspector of School (S.E.), Basirhat Sub-Division, North 24 Parganas and praying for a writ of mandamus commanding the concerned respondents to grant post graduate scale of pay and its consequential benefits in favour of the petitioner, the present writ petition was preferred.

(2.) The facts need to be adumbrated for effective adjudication of the writ petition are as follows:- (i) The petitioner joined the Gabati A.H.M. Senior Madrasah (in short, the Madrasah) as Assistant Teacher in language Group on 1/5/1998. Petitioner's appointment was duly approved by the District Inspector of Schools (S.E.), North 24 Parganas.

(3.) During pendency of the writ petition, the petitioner has retired from service on attaining age of superannuation and as such, by preferring an application further direction was sought for release of terminal benefits on the basis of such higher scale of pay. Both the writ petition and the application filed in connection therewith were taken up for hearing together.