RABINDRA NATH SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) SERVICE of the petitioner as an Assistant Teacher in Hindi (Language Group)in Baruipara Rakhal Vidyapith (hereafter the School) was approved with effect from 20. 12. 1971. He has since retired from service on attaining the age of superannuation in May, 2008.

(2.) ON or about 6. 2. 2008 i. e. three months prior to the petitioners retirement, the District Inspector of Schools (Secondary Education), Hooghly vide Memo no. 1128 addressed to the Headmaster of the School ordered that necessary steps are required to be taken at an early date for recovery/refund of overdrawn salary by the petitioner and furnished to his end along with original challan. This order of the District Inspector forms the subject matter of challenge in the present petition.

(3.) IT is not in dispute that while in service, the petitioner had acquired diploma in English Language and Training (hereafter DELT) sometime in 1979. In so far as fixation of pay of teachers of Government and non-Government secondary and Higher Secondary Schools having DELT, the Deputy Secretary to the Government of West Bengal, Education Department, Budget Branch vide g. O. No. 171-Edn (b) dated 15th May, 1984 had laid down as follows : sub; Fixation of pay of teachers of Govt. and non-Govt. Secondary and Higher Secondary Schools having D. E. L. T.