JUDGMENT :

Ajay Kumar Gupta, J.

1. The petitioner has preferred third round of litigation by way of this writ petition praying, inter alia, as follows: -

“a) A writ of or in the nature of Mandamus do issue directing the respondents, their agents, servants to finalize the pension of the petitioner and to release and disburse the pension, gratuity and all other admissible benefits of the petitioner taking into consideration of 18 years benefit as well as the incremental benefit along with interest forthwith.

b) A writ of or in the nature of mandamus commanding the respondents, particularly the Deputy Director of Accounts, School Education Department, Dakshin Dinajpur, being respondent No. 2 to rescind, cancel and/or withdraw the communication of the Commissioner of School Education dated 05.02.2022 being Annexure “P/12” to this petition.

c) A writ of or in the nature of Certiorari commanding the respondents to produce entire original records before this Hon’ble Court so that conscionable justice may therein be administered by quashing the observation of the Deputy Director/ Joint Director of Accounts, School Education Department, Dakshin Dinajpur being Annexure “P/13” to this petition.

d) Rule NISI in terms of prayers (a) to (c) as above.

e) Ad interim order do issue commanding the respondent’s authority not to give effect and or further effect to the observation made by the Deputy Director/ Joint Director of Accounts and to finalize the pension of the petitioner and to release and disburse the pension, gratuity and all other admissible benefits without any deduction till the disposal of this application.

f) To make the rule absolute should the respondents fail to make sufficient answer or return.

g) And pass such other further order or orders as to your Lordships may seem fit and proper.”

FACTS OF THE CASE:-

2. The brief facts, leading to the filing of this third writ petition, are as follows: -

a. The petitioner was appointed as an organising staff member in Bagichapur Nazrul Smriti High School, District – Dakshin Dinajpur (in short ‘the said school’), which was granted recognition from the West Bengal Board of Secondary Education w.e.f. 01.05.2001.

b. Although the said school obtained recognition, the appointment of the petitioner, including other organising staff members, was not approved initially. Consequently, the petitioner and the other staff moved a writ application before this Hon'ble Court. Upon hearing the parties, the Hon'ble Court directed the authorities to accord approval to the petitioner along with other staff members of the said school. Accordingly, the District Inspector of Schools (SE) approved the petitioner’s appointment w.e.f. 01.05.2001, which was communicated by Office Memo No. 1167 dated 19.07.2007.

c. The petitioner’s appointment was initially approved for the period from 01.05.2001 to 30.04.2002 and, thereafter, such approval was extended from time to time. A permanent appointment was granted only after the school's upgradation. The petitioner continued to render continuous service as a permanent staff member of the said school. Upon completion of 18 years of service, he applied before the school authority on 20.06.2019, seeking grant of 18 years’ service benefit under the Career Achievement Scheme (CAS).

d. The school authority forwarded the application to the Additional District Inspector of Schools (SE) Gangarampur Sub-Division, and it appears that the Deputy Director of Accounts under Memo D/AC(Edn)/F.D.D. 30/2019 dated 04.09.2019 returned the proposal for fixation under CAS (18 years) benefit in respect of six staffs of the said school. It was observed that an increment in the revised scale of pay under ROPA 2009 could be allowed only after completion of B.Ed. Examination, and necessary action was directed to be taken in this regard, including recovery of any overdrawn amount.

e. Upon receipt of the said Memo dated 04.09.2019, the headmaster of the said school, by letter dated 11.11.2019, submitted the require