RAMESH CHANDRA PANDEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court : The petitioner prays for disbursement of his pensionary benefits in connection with his service as Assistant Teacher of the concerned school on the basis of his last basic pay drawn which is Rs.33,610/- as on 31st May, 2018. The petitioner has also challenged and asked for cancellation of an order passed by the District Inspector of Schools on 15th February, 2019 by which the prayer of the petitioner for claming a post-graduate scale of pay was rejected on the ground of the existing staff pattern of the school and upon reliance on two Government Orders dated 8th July, 1974 and 4th September, 1998. The petitioner retired from the service as Assistant Teacher of the school on 30th May, 2018.

(2.) The facts in brief are these.

(3.) The petitioner acquired a Masters Degree in Hindi from Kanpur University in 1986 and also has a B.Ed qualification. The petitioner was appointed in the concerned school as a Teacher in Hindi on 2nd January, 1979 and his appointment was approved by the District Inspector of Schools (D.I.) by a Memo dated 23rd April, 1980. On the prayer of the petitioner, the Administrator of the school permitted the petitioner to draw a post-graduate scale of pay under ROPA, 1981. The petitioner thereafter was allowed a scale of pay by the concerned D.I. under the ROPA Rules, 1981 which was commensurate with the scale of pay of a post-graduate teacher. The petitioner's scale of pay was thereafter revised under ROPA, 1990 with effect from 2nd January, 1987 and again under ROPA, 1998 from 2nd January, 1996. The petitioner's last basic pay was fixed at Rs.23,540/- as on 1st January, 2006 and the last drawn salary on the basis of the basic pay was fixed at Rs.33,610/- at the time of the petitioner's retirement which was on 31st May, 2018. The petitioner was constrained to approach this Court after the concerned D.I. took a decision on 29th May, 2018 upon being forwarded a resolution adopted by the Managing Committee for granting post facto approval in favour of the petitioner.