Calcutta High Court (Appellete Side)
Md. Abdul Salam Rahan vs The State Of West Bengal & Ors on 7 February, 2011
Author: Biswanath Somadder
Bench: Biswanath Somadder
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07.2.2011
(PP)
W.P. No. 18837 (W) OF 2010
Md. Abdul Salam Rahan
Versus
The State of West Bengal & Ors.
Mr.Tulsidas Ray,
Mr. Tapan Ray
.....for the petitioner.
Mrs. Ila Chatterjee
.....for the State.
Affidavit of service filed in Court today be kept on record.
The writ petitioner was appointed as an Assistant Teacher of Unsuddaula
Free Primary School situated in the District of South 24-Parganas on 1st March,
1972. Upon obtaining his B. Ed. Degree, the Sub-Inspector of Schools, Alipore
Circle issued an office order, vide memo No.52(3) dated 17th March, 1982, stating
therein that in terms of memo dated 4th September, 1981, issued by the District
Inspector of Schools (PE), 24 Parganas, the writ petitioner would be entitled to "A"
category scale of pay with effect from 1st March, 1980, upon successful completion
of the B. Ed. course. Since then, till the date of his retirement on 30th June, 2010,
the writ petitioner was paid salary on the basis of "A" category scale of pay. Upon
his retirement, the Assistant Director of Pension, Provident Fund & Group
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Insurance, West Bengal, sent a memo dated 14th June, 2010, to the District
Inspector of Schools (PE), Kolkata, with a copy marked to the writ petitioner, to the
effect that the writ petitioner was only entitled to get "B" category scale of pay and
the service book of the writ petitioner should be recast accordingly. The 'Audit
Observations' of the Assistant Director, as contained in his memo dated 14th June,
2010, are quoted in its entirety hereinbelow :
"Memo. No. 1192-Edn(B), dt. 20.7.73 is not applicable to
the non-trained primary teacher. It is only applicable to
the non-trained teachers who were serving in the Madhyamik
Vidyalaya, therefore, the teacher may not be allowed as 'A'
category scale of pay. He is only entitled to get 'B'
category scale of pay.
Recast of pay in the Service Book should be made
accordingly. Necessary correction in all requisite papers
should be done under due authentication."
The writ petitioner has challenged the said memo dated 2nd March, 2010, in
the instant writ petition.
The issue sought to be raised before this Court in the instant writ petition
also came up for consideration in at least two earlier matters, both of which have
been disposed of by this Court. In Mihir Kumar Halder Vs. State of West
Bengal & Ors., reported in (2010) 4 CAL LT 410 (HC), this Court was pleased
to set aside the order dated 20th May, 2010, passed by the Director of Pension,
Provident Fund & Group Insurance, West Bengal, in similar circumstances. In a
latter decision rendered in Girija Prasad Pandey Vs. State of West Bengal &
Ors., reported in 2011(1) CLJ (Cal) 310, this Court held that once a teacher has
been granted "A" category scale of pay, which he continued to enjoy till he
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attained superannuation, he cannot be subsequently deprived of his legitimate
retiral dues based on the scale of pay that he enjoyed for over twenty-two years;
more so, when it was never alleged by the State respondents, at any stage, that
the concerned teacher misrepresented or practised fraud in order to get the necessary sanction for obtaining the benefit of "A" category scale of pay. Here, in the instant case also, it is seen that the writ petitioner has been enjoying "A" category scale of pay since 1980. He retired from service in the year 2010. Thus, it is the admitted position that the writ petitioner enjoyed "A" category scale of pay for thirty years. The State has never alleged that the writ petitioner misrepresented or practised fraud in order to get the necessary sanction for obtaining the benefit of "A" category scale of pay. In such circumstances, the writ petition is disposed of with a direction upon the District Inspector of Schools (P. E.), Kolkata to process the pension papers of the writ petitioner in the light of the observations made hereinabove and forward the same to the Director of Pension, Provident Fund and Group Insurance, Finance Department, Government of West Bengal, as expeditiously as possible, preferably within a period of six weeks, but not later than eight weeks from the date of communication of a photostat certified copy of this order. Urgent photostat certified copy of this order, if applied for, be given to the learned advocate for the parties.
(Biswanath Somadder, J.) 4