IMPORTANT POINT
The court established that prior approvals for pay scales cannot be revoked post-retirement, and the provisions of the W.B. Schools Act do not apply retrospectively.

JUDGMENT :

Rai Chattopadhyay, J.

(1) The substituted writ petitioners are the legal heirs of the original writ petitioner (since deceased), who have been substituted in this case, in place of the said original writ petitioner, with effect from July 5, 2018.

(2) The present case was filed by the original writ petitioner to challenge the order of the Director of School Education/respondent no. 3 dated June 3, 2009. The order speaks as follows:-

“Sub: Post graduate scale of pay in favour of Sri Baidyanath Mondal, Asstt. teacher of Bergram Palli Sevaniketan High School.

Ref: His memo no. 2722/G dated 30.12.08

With reference to the subject noted above the undersigned has to inform him that Sri Baidyanath Mondal Asstt. teacher of the School has been drawing Post Graduate Scale of pay without obtaining any approval from the end of the D.I/S (SE). Therefore the proposal for sanction of higher scale of pay on post facto basis can not be considered in terms of Sec. 4 read with Sec. 17 of the W.B. Schools (Control of expenditure) Act 2005.

Subsequent action should taken accordingly.”

(3) The letter as above was sent to the District Inspector of Schools (Secondary Education), Birbhum, by the Director of School Education, West Bengal.

(4) Let the background facts be narrated in a nutshell. The original writ petitioner was appointed as an Assistant Teacher in the respondent school with effect from June 7, 1979. Subsequently his service was approved by the school authorities. The original writ petitioner obtained a higher degree of Masters of Arts (M.A) in the year 1987. He has stated that for the same he obtained prior permission of the respondent school authority. The school authority recommended for grant of higher pay scale to him pursuant to his improved qualification and to be commensurate to the same, to the District Inspector of Schools/respondent no. 4. The respondent no. 4 replied vide letter dated December 9, 1987, which speaks as follows:-

“Sub: Benefit of M.A. scale of pay to Sri Baidyanath Mondal, Asstt. teacher of his school.

In connection with the subject mentioned above, the undersigned has to request him to follow the G.O. No. 372-Edn, dated, 31.7.81 read with the Memo. No. 59-GA, dated, 16.1.82 of the D.S.E. West Bengal.”

(5) As a result the original petitioner was granted the Post Graduate scale of pay which he enjoyed throughout his service period till the time of his retirement, that is, on January 31, 2009.

(6) At the fag end of his career the school authority had some exchange of letters with the concerned respondent authorities regarding grant of retirement benefits to the original writ petitioner and the school was directed to comply with all formalities and make necessary corrections in original petitioner’s service book, for the purpose of forwarding it to the office of the said respondents, for release of original petitioner’s pension and other retirement benefits.

(7) The school received the impugned letter dated June 3, 2009, from the Director of School Education/respondent no. 3 which has been quoted above. Thus, the Post Graduate scale of pay which was earlier allowed to the petitioner, was denied to be given effect to, by the respondent No. 3.

(8) Subsequently, twice the petitioner has written to the respondent no. 3 being aggrieved by the said purported action in not allowing him of the Post Graduate scale of pay, but in vain. Hence, this writ petition.

(9) Mr. Jahan appears for the writ petitioner/s. He states that the Post Graduate scale of pay has been granted to the writ petitioner in terms of the order of the District Inspector of Schools (Secondary Education), Birbhum, dated December 9, 1987. Accordingly, subsequently the authorities cannot revert back from its own order, to deprive the petitioner the benefit which has already been extended to him. Mr. Jahan has further stated that as directed, the petitioner has been advanced with the enhanced pay scale in Post Graduate category of scale, pursuant to the provision