DEBA KANTA SARMA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner who has since retired from service claiming himself to have been promoted as Assistant Headmaster and thereafter as Headmaster in the particular school in which he had worked, has prayed for fixation of his pensionary and other retirement benefits on that basis instead of fixation of such benefits treating him to have retired from service as Assistant Teacher by the impugned decision.

(2.) The petitioner while was serving as Assistant Teacher in Chakalaghat High School, later on upgraded as Higher Secondary school was allowed to hold charge as Assistant Headmaster and thereafter as Headmaster for the periods from 1.4.91 to 30.4.93 and 1.5.93 to 31.3.94 respectively in addition to his own duties. Such arrangements had to be made on retirement of the regular incumbents. On 31.3.94, the petitioner retired from service on attaining the age of superannuation. The petitioner was granted provisional pension as Assistant Teacher and his gratuity was also paid on that basis.

(3.) After one year of retirement from service, the Director of Secondary Education, Assam passed an order on 20.4.95 allowing the petitioner to officiate as Assistant Headmaster and Headmaster in the prescribed pay scales for the aforesaid two periods. On the face of it, such officiation was allowed retrospectively. However, but for the date of the order, on a plain reading of the same, it would appear to be an order allowing officiating promotion retrospectively. The said order reads as follows :