Basanti Lata Ghosh v. State Of West Bengal 7 ORS

22-04-2024 ct no. 13 Sl. Nos.501 to 511 pk WPA 5982 of 2019 Smt. Minati Sarkar Vs.

The State of West Bengal & Ors.

With WPA 5983 of 2019 Sabita Saha Vs.

The State of West Bengal & Ors.

With WPA 5985 of 2019 Sukla Biswas (Mondal) Vs.

The State of West Bengal & Ors.

With WPA 5992 of 2019 With IA NO: CAN 1 of 2023 With CAN 2 of 2023 Panchanan Roy Vs.

The State of West Bengal & Ors.

With WPA 5995 of 2019 With IA NO: CAN 1 of 2023 With CAN 2 of 2023 Balaram Saha Vs.

The State of West Bengal & Ors.

With WPA 5997 of 2019 Kamala Kanta Biswas Vs.

The State of West Bengal & Ors.

With WPA 5999 of 2019 Chittaranjan Bhattacharyya Vs.

The State of West Bengal & Ors.

With WPA 6050 of 2019 With IA NO: CAN 1 of 2023 With CAN 2 of 2023 Nila Banerjee alias Lila Chakraborty Vs.

The State of West Bengal & Ors.

WPA 5000 of 2024 With WPA 6080 of 2019 With IA NO: CAN 1 of 2023 With CAN 2 of 2023 Anjali Ghosh Vs.

The State of West Bengal & Ors.

With WPA 6081 of 2019 Basanti Lata Ghosh Vs.

The State of West Bengal & Ors.

Mr. Sattwik Bhattacharyya, Mr. Aashutosh Bhattacharyya, Mr. Titas Niyogi, Mr. Aritra Roy ...for the petitioners in all the writ petitions.

Mr. Rajendra Chaturvedi ...for the State in WPA 5992 of 2019.

Ms. Tuli Sinha for the State in WPA 6080 of 2019.

Mr. Biswabrata Basu Mallick ... for the State in WPA 6081 of 2019 Mr. B.P.Vaisya, Mr. Suman Dey, Mr. Sagnik Chattejee ... for the State in WPA 5982 of 2019 &WPA Mr. Ranjan Saha ... for the State in WPA 5995 of 2019 Mr. M. K. Singh Mr. S. Majumder ... for the State in WPA 6050 of 2019 Mr. Sanjib Das ... for the State in WPA 5985 of 2019 Mr. Vimal Kumar Shahi ... for the State in WPA 5999 of 2019 Ms. Anjushree Mukherjee, Mr. Arun Kumar Saha ... for the State in WPA 5000 of 2024

Mr. Supriyo Chattopadhyay Mr. Sabyasachi Mondal ...for the State in WP 5997 of 2019.

1.

Having heard the learned counsel for the parties, this Court has considered the Memo dated 12.08.1998 issued by the Joint Secretary, School Education Department, Government of West Bengal.

2.

By the said Memo the judgement and order dated 12.02.1996 passed by the Division Bench of this Court in MAT Nos. 947, 925, 1017, 1044, 1070 etc. of all 1997 and to say that in compliance with said judgements and/or order, the Governor is pleased to issue the following directions:

"A) (1) The Primary School teacher who had opted for the revised scale of pay introduced in G.O. No.33-Edn.(B) dated 07.03.90 within the prescribed date and draw pay in the revised pay scale upto years age, but continued in service thereafter and drew pay in the unrevised pay scale and retired on completion of 65 years of age before 27.04.92 that is, the date when the G.O. No.196-Edn.(B) dated 27.04.92

was issued offering such teachers a change to revert to the old scale of pay, may be allowed to make refund of the salary overdrawn for the period of their service beyond 01.08.90 (vide Govt.

Order in Memo No.238-Edn. (B) dt.

26.07.90) and their pension etc. may be settled in the revised pay scale thereafter, on their asking, in writing, for such benefit.

(2) The primary school teachers who had opted for the revised of pay in terms the G.O.

No.33-Edn.(B) dated 07.03.90 and drew pay in that pay scale upto 60 years of age, but who continued to serve till 65 years of age and beyond 27.04.92 should be deemed to have opted for the pre-1.1.86 scale of pay.

The pension cases of such teachers should be settled on :

(a)their submission of a written declaration to the effect that they are canceling their earlier option for the revised pay scale, and (b) refunding the excess salary drawn in the revised pay scale to the Govt. Thereafter their pension etc. will be settled in the pre-1.1.86 scale of pay.

(3) The primary school teachers who had opted for the revised pay scale in terms of G.O.No.33-Edn.(B) dt. 07.03.90 and drew pay in that pay scale upto 60 years of age, but continued beyond 60 years and served for varying periods of 1, 2, 3 and 4 years of more on old scale pay and whose services were discontinued by the District Primary School Council before their attaining the age of 65 years in terms of the aforesaid orders of the Ld. Division Bench dated 12.02.96 and also the order of the Supreme Court of India dated 11.04.96 say, at their option: Either, refund to the Govt. the salary drawn in the old pay scale for their service beyond 60 years of age in order to be eligible for consideration of pension etc. in the revised pay scale. Or, get their pension etc. settled in the pre-1.1.86 scale of pay on the length of approved service they actually rendered; in such cases, the salary overdrawn in the revised pay scale shall have to be refunded to the Government.

B) All refunds are to be made by 90 days from the date issue this memorandum. The concerned primary teachers are hereby given the option of adjustment the amount to be refunded with the retiring gratuity and arrears of pension due to them, if they submit a written declaration asking for such adjustment in addition to any declaration/undertaking, if required, as mentioned above, by 90 days from the date of issue of this memorandum.

C) The onus submitting declaration/undertaking etc.

and/or making refund by the period as prescribed above shall lie with the primary teacher concerned. The refund shall have to be made in T.R. Form No.VII in the Reserve Bank of India or the Treasury to the State account within the period as prescribed above under the following head of account "0202Education, Sports, Art & Culture-01General Education-101-ElementaryEducation-3-ecoveries of overpayment". A copy of the treasury challan showing the deposit of refund shall have to be

submitted to the District Primary School Council/Siliguri Sub-Divisional Primary School Council/District School Board, Hill Areas, as the case may be by 100 days from the date of issue of this memorandum.

D) Pension cases of primary school teachers, already settled need not be reopened."

3.

The Circular dated 12.08.1998 came to be issued.

4.

This Court sees no reason to deviate from the judgement in the instant case. The Circular dated 12.08.1998 shall apply to the petitioners. 5.

This Court also notices that the writ petitions are being filed after thirty years of retirement and superannuation of the petitioners. The said delay is yet another ground for not calling any other relief.

6.

The writ petition is dismissed based on the judgement dated 5th September, 1997.

7.

In view of dismissal of these writ petition, connected applications are also dismissed.

8.

Instructions of the State in Wpa 5992(W) of 2019 is kept with the record.

(Rajasekhar Mantha, J.)