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IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Al-Khatib Shaikh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
RAI CHATTOPADHYAY, J.
1. This writ petition relates to the petitioner’s prayer for grant of 5 per cent increment of salary and extension of his service till his 60 years of age, in terms of various Government notifications, starting from the dated April 23, 2010.
2. The notification dated April 23, 2010 has provided for enhancement of honorarium for the Para Teachers and Voluntary Resource Persons (VPR), working in different Primary/Upper Primary Schools, Siksha Bandhus and special educators working at different levels under Sarba Siksha Abhijan (SSA). The same has provided for enhancement of consolidated remuneration of the said category of contractual employees. The same has also provided that existing Para Teachers and those re-engaged in due course, shall be employed till their attaining 60 years of age. Also that, upon attaining 60 years of age, the Para Teachers or other contractual employees as mentioned in the said notification would be paid an ex-gratia retirement honorarium to the tune of Rs. 1 lakh on lump sum basis. The said notification came into force with effect from June 1, 2010.
3. The petitioner is a Para Teacher who joined in the School on December 1, 2012
A Para Teacher improperly denied benefits under governmental notifications due to administrative delays retains rights entitled under these notifications.
The retroactive application of circulars affecting employment engagement is impermissible without explicit legislative intent, ensuring the rights of the engaged party are preserved unless dissolved ....
Point of Law : A Government servant has no right to continue in service beyond the age of superannuation and if he is retained beyond that age it is only in the exercise of the discretion of the Gove....
The right to extension in service for National Award recipients cannot be negated by subsequent policy changes if it was accrued under prior notifications.
The court established that once a teacher has reached the age of superannuation, any extension of service must be explicitly provided by law, and the provisions of the UP Intermediate Education Act, ....
Untrained teachers are entitled to salary increments and benefits upon completion of training despite delays caused by external circumstances, emphasizing equal treatment under educational regulation....
The court affirmed that an employee appointed before the New Pension Scheme is entitled to benefits under the Old Pension Scheme, regardless of any undertaking given under duress.
The court established that the appointment of teachers under the Jharkhand Education Project Council is contingent upon verification of qualifications and approval by the competent authority, and tha....
The court ruled that the entire service of the petitioner from 1979 to 2015 must be considered for pension calculation, subject to the deposit of management contributions, as earlier cut-off dates we....
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