AMBIKA PRASAD Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Affidavit of service and the original letter dated 21st August, 2019, signed by the District Inspector of Schools (S.E.), Barrackpore, North 24-Parganas are taken on record.

(2.) The petitioner joined Shree Mandhari High School, P.O.- Kanchrapara, District - North 24-Parganas (hereinafter referred to as the said school) with effect from 1st April, 1968. His employment was approved by a memo dated 18th March, 1982 issued by the District Inspector of Schools (S.E.), 24-Parganas as the district 24-Parganas was then an undivided district. The said memo clearly shows that the qualification of the petitioner is B. Com. (Spl. Hons.) B. Ed. and his date of joining is 1st April, 1968. Annexure - 'P-2' to the writ petition shows that the scale of the petitioner was revised to Rs.500 - 1360/- with effect from 2nd April, 1981. It appears that his pay scale was fixed at Rs.1640 - 3635/- with effect from 2nd April, 1988. His basic salary was fixed at Rs.9050/- with effect from 1st April, 1996 and he was enjoying the scale Rs.6000 - 12,000/-. By a letter dated 6th February, 2004, the petitioner requested the school to complete his service book as he was due to retire from service on 31st December, 2004. A reminder was also given to the school by a letter dated 14th February, 2004 and followed by another letter dated 28th February, 2004. These three letters form part of annexure - 'P-3' to the writ petition. The District Inspector of Schools (S.E.), Barrackpore, North 24-Parganas (hereinafter referred to as the D.

(3.) It is, therefore, clear that upon being intimated about the petitioner's retirement, the D. I. wrote the said letter almost about 10 months after the petitioner retired. At the time when the petitioner retired, the records reveal that he was receiving post- graduate scale of pay. This scale could not have been granted to the petitioner without the same being approved by the D. I. since the said school is an aided school. The petitioner, till the date of his retirement, continued to receive post-graduate scale of pay. It is only after receiving intimation about his retirement and at the time of computing the retiral benefits of the petitioner, the D. I. asked for the document after ten months from the date when the petitioner retired. There is no allegation of fraud against the petitioner in receiving the post-graduate scale of pay till the date of his retirement.