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

Present:

The Hon’ble Justice Rai Chattopadhyay WPA 13797 OF 2018 Smt. Pratima Dewanjee Singha Roy Vs.

The State of West Bengal & Ors.

For the Petitioner : Mr. Ekramul Bari : Sk. Imtiaj Uddin For the State : Mr. Pantu Deb Roy : Mr. Pannalal Bandopadhyay Heard on : 21/03/2025 Judgment on : 21/03/2025 Rai Chattopadhyay, J. :-

1. The writ petitioner is a retired Assitant Teacher of Balaramdighi G.S.F.

School under Jhargram West Circle, who is aggrieved that inappropriate pension is being granted to her which, according to her, is an arbitrary and illegal exercise having been done by the respondent authorities.

2. By filing the present writ petition, the petitioner has challenged an order of the District Inspector of Schools (Primary Education), Paschim Medinipur (hereinafter referred to as „the D.I.‟) dated May 17, 2018, by dint of which, the said respondent authority has informed the petitioner that the DPPG, West Bengal vide its letter dated August 28, 2017, has raised objection for providing “A” category benefit in pension to the petitioner, on the plea of the petitioner‟s training certificate being not a legible one to be accepted as a valid training certificate by the authority. The D.I. has informed that queries have been made to seek reply from the Chairman, Paschim Medinipur DPSC regarding the Office Memorandum, if any, earlier relied on by the said authority, to grant the petitioner „A‟ category pay scale. It is informed further in the said impugned letter that response from the Chairman Paschim Medinipur DPSC is still awaited.

3. The relevant facts may be stated in nutshell, that, the petitioner was appointed in the said school on May 15, 1986. She has retired from service upon attaining the age of superannuation on September 30, 2017. During the entire period as above, that is, from May 15, 1986 to September 30, 2017, the petitioner has been granted with the „A‟ category pay scale. The petitioner‟s service as above with the school, has been duly approved by the respondent authority. As stated earlier, the petitioner has last drawn salary as per „A‟ category scale of pay, at the time of her retirement.

4. Immediately before her retirement, that is, on August 31, 2017, the D.I.

has written a letter to the Chairman, DPSC seeking the Government Order, by dint of which „A‟ category pension may be sanctioned to the petitioner, on the basis of her training certificate, that is, “Bal Sevika Training Certificate”. A letter of the DPPG, West Bengal has been mentioned by the D.I. in its letter dated August 31, 2017, addressed to the Chairman, DPSC, Paschim Medinipur.

5. In the meantime, the petitioner has made several presentations for grant of appropriate pension. Hence, the D.I. has written the said letter dated May 17, 2018 in response to the petitioner‟s representations for grant of pension as per „A‟ category pay scale, stating therein that objections have been raised by DPPG, West Bengal regarding grant of „A‟ category benefit in pension to the petitioner, due to the training certificate of the petitioner being not legible for consideration.

6. Mr. Bari appears for the petitioner. Mr. Bari has raised vehement objection as to the stand taken by the respondent authorities in granting the petitioner pension at the rate of „A‟ category scale. He says that, during the entire service period, the petitioner has been allowed to enjoy „A‟ category pay scale. That she has drawn „A‟ category pay scale, last at the time of her retirement also. That her service has been duly approved by the respondent authorities and throughout the entire service period of the petitioner, there has not been any objection raised by the respondent authorities, regarding the pay scale being enjoyed by her. Hence, according to Mr. Bari, at the fag end of the service period, particularly after retirement of the petitioner, her existing benefits in the form of pay scale of „A‟ category, canno