IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION (APPELLATE SIDE)

Present:

The Hon’ble Justice Rai Chattopadhyay WPA 15392 Of 2021 Malay Kumar Saha Vs.

State of West Bengal & Ors.

For the Petitioner : Mr. Sarwar Jahan : Pritikana Gantait : Sudipta Maiti For the State : Md. T.M. Siddiqui : Mr. Nilotpal Chatterjee : Mr. Amit Lal Chatterjee Heard on : 25/03/2025 Judgment on : 25/03/2025 Rai Chattopadhyay, J. :-

1. The petitioner has challenged the order passed by the Deputy Director, Directorate of Pension Provident Fund and Group Insurance dated September 3, 2021, in this case.

2. Mr. Jahan says that the petitioner who is a honours graduate teacher employed in the respondent school from the date October 1, 1981 as a B.Com Honours teacher, is entitled to the honours graduate scale of pay with effect from October 1, 1986 as has been directed by the District Inspector of Schools, Secondary Education, Paschim Medinipur, in its order dated April 7, 2021.

3. He would indicate the background facts of the present case that after being appointed with effect from October 1, 1981, the petitioner has been granted honours graduate scale of pay, during his entire service period.

4. At the time of his superannuation, however, some issues cropped up, for which the petitioner had to move before the Court.

5. The Court, by dint of its order dated January 4, 2021 directed the concerned respective State authority to cure the defects in the pension papers of the present petitioner and issue appropriate pension to the petitioner.

6. Pursuant to the same, the District Inspector of Schools, Secondary Education, Paschim Medinipur has passed the reasoned order dated April

7, 2021 finding therein, as follows:-

“Considering all aspects I am of the opinion that the petitioner will get Hons scale five years after obtainment of Hons degree i.e. from 01.10.86 as B.Com (Hons.) is a non-relevant subject with respect to his appointment / vacancy in terms of G.O. No. 372- Edn(B) dt. 31.07.1981. The School Authority is requested to recast the Service Book accordingly and submit the same to this end for further course of action.”

7. Mr. Jahan would submit that after the Pension Payment Authority being the District Inspector of Schools, Secondary Education, Paschim Medinipur, having determined the applicable scale of pay, in case of the petitioner, by dint of its order dated April 7, 2021, the Deputy Director, Directorate of Pension Provident Fund and Group Insurance, could not have sat in an appeal as regards the said order and negated the claim of the petitioner for grant of pension, as per the pay scale and with effect from the date as determined by dint of the said order dated April 7, 2021.

8. It has further been mentioned that in the said order the D.I. has waived the entire overdrawn amount, in terms of the direction of the Hon’ble Supreme Court in the judgment of State of Punjab & Ors. vs.

Rafiq Masih (White Washer) & Ors. reported in 2015 4 SCC 334

9. Accordingly, Mr. Jahan says that the impugned order dated September 3, 2021 is the result of non-application of mind as well as the same is passed unauthorizedly and illegally.

10. Mr. Jahan is also indicated to the fact that a total sum of Rs.14,188,55/- has been deducted from the petitioner as overdrawn amount. Such deduction is challenged by the petitioner being illegal and not maintainable in the eye of law.

11. He would further say that in terms of the Court’s interim direction in the present case, the writ petitioner has been granted pension at the honours graduate category scale, till date.

12. Mr. Chatterjee appears for the State respondent. Mr. Chatterjee has supported the impugned order dated September 3, 2021 of the Deputy Director, Directorate of Pension, Provident Fund and Group Insurance, for the reason that as per the provisions of the rules, the eligibility criteria for grant of higher pay scale would be improving qualification by an existing teacher whereas the petitioner stands on an absolute diffe