NIHARKANA SAHA SIKDER Vs. STATE

JUDGEMENT

(1.) HEARD Mr. Ekramul Ban for the petitioner. Pursuant to the Order dated 21. 8. 2008, Mr. Suprokash Banerjee has appeared and ably assisted the court on behalf of the State. Similarly, Mr. Jayanta Mitra has appeared and made his submissions on the behalf of the respondent Nos. 8 and 9.

(2.) LEARNED Counsel for the petitioner submits that since the petitioner has retired on 30. 10. 2007 and since this is a case where the respondents have threatened recovery and since this case is covered by a judgment of the Hon'ble Supreme Court of India passed in the case of Shyam Babu verma and Ors. v. Union of India reported in (1994)2 SCC 521, no useful purpose will be served in keeping this Writ Petition pending by calling for affidavits and that in the interests of justice and taking into consideration the facts as they appear from the different circulars, the matter may therefore be disposed of at the "motions" stage itself. Neither Mr. Banerjee appearing for the State nor Mr. Jayanta Mitra appearing for the respondent Nos. 8 and 9 have any objection to the disposal of the Writ Petition at this stage itself and therefore, with their consent, this Writ Petition is being disposed of at this stage.

(3.) THE learned Counsel for the petitioner has challenged the validity of the memos dated 11th March, 2008 and 6th May, 2008 as contained in annexures 'p-4' and 'p-3' respectively, both of which were issued after the superannuation of the petitioner. By memo dated 11th March, 2008, the o. S. D. and Ex-Officio, Joint Secretary, Government of West Bengal wrote to the District Inspector of Schools (PE), Burdwan, whereby and whereunder while referring to the pay fixation of the petitioner (who retired as the head-teacher of the Vidyasagar F. P. School, Burdwan), he stated that since the petitioner was permitted to pursue the B. Ed Course by the District inspector of Schools (PE), Burdwan, vide Memo No. 734 - (P. E) dated 9th june, 1982 and since by reason of Memo No. 1192-Edn (P) dated 20th July, 1973, Primary Teachers were not allowed to pursue B. Ed. Course of study, the petitioner was therefore not entitled to get the 'a' category scale of pay. By reason of the subsequent memo dated 6th May, 2008 being Memo No. 453 and purporting to be under the seal and signature of the Assistant director, Pension, Provident Fund and Gr. Insurance, Government of West bengal, the matter pertaining to the pension case of the petitioner was accordingly resubmitted with a note that after careful consideration, the department had directed to recast the petitioner's pay in the 'b' category scale of pay and the case be resubmitted giving the overdrawal statements and suggesting the mode of recovery-of such pverdrawals.