Nirmal Chandra Ghosh v. State Of West Bengal And ORS.

16.07.2024 d.p.

In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A. 15247 of 2024 Nirmal Chandra Ghosh -versus The State of West Bengal & Ors.

Mr. Bhagbat Chaudhuri, Mr. Monojit Chatterjee.

...For the Petitioner.

Mr. Malay Krishna De, Ms. Dipa Bhattacharya.

...For the State.

Ms. Susmita Sen.

...For DPSC, Birbhum.

Affidavit-of-service filed in Court today is taken on record.

None represents the State respondents.

Leave is granted to the learned advocate-onrecord of the petitioner to implead the Director of Pension, Provident Fund and Group Insurance as party respondent in the instant writ petition. The formality of serving a copy of the writ petition upon the added respondent stands dispensed with as the State is already represented by the learned advocate.

The petitioner is a retired primary school teacher and Pension Payment Order was issued in his favour. According to the petitioner, he ought to be paid the 'A' category scale of pay on and from the date he completed the one year PTTI course in June 2006. The petitioner was given the benefit of 'A' category scale of pay on and from a later date.

Whether a teacher who completed the one year PTTE course would be entitled to 'A' category scale of pay from June 2006 came up for consideration before this Court in various matters and the Court was pleased to observe that the teacher concerned would be entitled to get the 'A' category scale of pay from June 2006.

The petitioner relies upon the order dated 13th June, 2024 passed by a coordinate Bench in WPA 13157 of 2024 in the matter of Tapas Kumar Majhi -vsThe State of West Bengal & Ors. wherein the Court directed payment of 'A' category scale of pay to the petitioner with effect from June 2006.

The petitioner prays for similar relief.

Accordingly, the instant writ petition is disposed of by directing the District Inspector of Schools (PE), Birbhum to recalculate the pay of the petitioner by giving the benefit of 'A' category pay scale on and from June 2006.

The calculation shall be forwarded to the DPPG for preparation of fresh Pension Payment Order within a period of four weeks from the date of communication of this order. Revised PPO shall be issued within a fortnight thereafter and payment including all arrears of pay and arrears of pension in terms of the revised Pension Payment Order shall be disbursed within a period of four weeks thereafter.

The writ petition stands disposed of.

Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)