Asit Baran Maity vs State of West Bengal and Others

Debasish Kar Gupta, J.—This writ application is directed against an order passed by the respondent No. 4 under Memo No. 361-L(4) dated August 13, 2012. By virtue of the impugned order, the respondent No. 4 decided not to release the pensionary benefits on the basis of the last pay drawn by him in connection with his service as a Headmaster of Analberia High School (H.S.), District-Purba Medinipur taking into account his qualification of M.A. in Islamic History. The petitioner was initially appointed as an Assistant Teacher in Science Group of Astichak S.J. High School, District-Purba Medinipur with effect from January 20, 1981. Subsequently the petitioner obtained Master Degree in Islamic History in the year 1982. The petitioner was appointed as Headmaster of Analberia High School (H.S.), District-Purba Medinipur with effect from April 22, 2004. The benefit of higher scale of pay extended in his favour with effect from September 6, 1987. The petitioner retired from the aforesaid service with effect from December 1, 2011. Since the terminal benefits were not paid to him, the petitioner moved an application under Article 226 of the Constitution of India in the matter of Asit Baran Maity v. The State of West Bengal & Ors., [In Re: W.P. No. 356 (W) of 2012]. It was disposed of on February 17, 2012 with a direction upon the respondent No. 4 to take a decision in the above matter in accordance with law. By virtue of the impugned order, the respondent No. 4 decided not to extend the benefit of higher scale of pay in the matter of fixation of last pay drawn for the purpose of calculating terminal benefits.

I have heard the learned Counsel appearing for the respective parties and I have considered the facts and circumstances of this case.

For proper adjudication of the issued involved in this matter the operative part of the impugned order is quoted below:

But in terms of Note-2(c) of Annexure-I of G.O. No. 372-EDN(B) dt. 31.7.1981 at teacher may enjoy higher pay scale on qualification basis only when he/she obtained such higher qualification in the subject relevant to his/her teaching/appointment. In the instant case the petitioner''s appointment was in science group having qualification B.Sc., B.Ed., and he entertained salary in graduate scale. Subsequently he enhanced his qualification M.A. in Islamic History was not the subject relevant to his teaching/appointment. Hence the petitioner is not entitled to obtain P.G. scale by any means and his pensionary benefits would be calculated on the basis of last pay admissible on the date of retirement in graduate scale.

Thus the matter is disposed of from this end. All concerned be informed accordingly,

District Inspect of Schools

(Secondary Education), Purba Medinipur.

After perusing the Government Order No. 253-Edn(B) dated September 17, 1984, I find that all the secondary school teachers who had improved their qualification not relevant their teaching subjects would be allowed the higher scale of pay on qualification basis after five years'' teaching counting from the date on which higher qualification was obtained.

The above provision is set out below:

No.: 253-Edn. (B)

Calcutta, the 17th September, 1984.

IM. 12/84

Sub: Revision of pay scales of the teachers of non-Govt./Aided Sponsored Educational Institutions.

The undersigned is directed to say that note 2(b) 2(c) of Annexure-I of the G.O. No. 372-Edn.(B) dated 31.7.81 read thus:

2.(b) All existing Secondary School teachers who have improved their qualifications not relevant to their teaching subjects will be allowed the higher scale on qualification basis after five years'' teaching counting from the date on which higher qualification, was obtained.

2.(c) In future, Secondary School Teachers will be allowed higher pay scale on qualification basis only when they obtain such higher qualification in the subject relevant to their teaching appointment.

A question has been raised as to the date which may be taken into consideration regarding "Obtaining higher qualification.

The Governor is now pleased to direct that the date of obtaining higher qualification will count from the date following the last date of examination both theoretical and practical-subject to the condition that the incumbent concerned comes out successful in the same examination. This principle will be applicable in the case of teachers appointed in High Schools, Jr. High Schools, Jr. and High Madrasahs.

All concerned have been informed.

Sd/- M.M. Sinha Roy, Deputy Secretary.

In view of the above Government Order, the impugned order cannot be sustained in law and the same is quashed and set aside.

The respondent No. 4 is directed to extend the benefit postgraduate scale of pay in favour of the petitioner in terms of the aforesaid Government Order No. 253-Edn.(B) dated September 17, 1984 in calculating the last pay drawn by the petitioner for releasing the terminal benefits of the petitioner and the same shall be paid to the petitioner within two months from the date of communication of this order together with interest (c) 9% per annum on arrear amount of pension and gratuity from the date it was due and payable till the date of its actual payment.

It is further made clear that the rate of interest is fixed at 9% per annum taking into consideration the highest prevailing rate of interest payable on fixed deposit by a nationalised bank.

This writ application is, thus, disposed of. There will be, however, no order as to costs.