A.K.Banerjee, J. - (1.) -This is a most unfortunate case where the writ petitioner's grievance could not resolved by this Court for last 19 years. It appears from records that by virtue of an interim order, the writ petitioner was allowed to draw retiral benefits without prejudice to his rights and contentions and only due to intervention of this Court the writ petitioner could get his retiral benefits from the respondent authorities as per their calculation.
(2.) Today the writ petition has come up before me for final hearing. The main issue involved herein is whether the writ petitioner could be treated as a trained teacher by virtue of Government order dated 28th February 1976 read with another Government Order dated 21st April 1976.
(3.) The relevant portion of the said two Government orders are relevant for consideration and is quoted below. "Dated Calcutta, the 28th February, 1975. Existing untrained teachers of aided Secondary schools above 40 years of age and with five year's experience in a recognised secondary school who were in service on the 1st April 1970 and existing untrained teachers of 40 years of age and below with 10 year's teaching experience in a recognised Secondary school who were in service on the 1st April 1970 will be treated as trained teachers for the purpose of revised scales of pay. Such teachers will be eligible to draw their first increment from the 1st April, 1971 on completion of one year's service from the 1st April 1970, but the monetary benefit shall be granted from1.4.1974." "Dated Calcutta, the 21st April, 1976 In continuation of Government Order No. 166-Edn. (S), dated the 28th February 1975 the undersigned is directed, by order of the Governor, to say that the Governor is pleased to order that the existing untrained teachers of aided secondary schools above 40 years of age and with five years' teaching experience in a recognised secondary school, who were in service on the 1st April, 1975 and existing untrained teachers of 40 years of age and below and with 10 years' teaching experience in a recognised secondary school, who were in service on the 1st April 1975 should be treated as trained teachers for the purpose of revised scales of pay sanctioned in terms of Government Order No. 761-Edn. (S) dated the 6th September 1975. Such teachers shall be eligible to draw their first increment from the 1st April 1976 on completion of one years's service from the 1st April 1975.";