- (1.) It is the case of the petitioner in the instant writ petition that she was appointed as Assistant Teacher of Prathamik Vidyaniketan, Nandanagar with effect from 6th August 1966 and her pay was fixed under "B" category scale of pay. After securing permission from the concerned authority she had undergone B.Ed. Course and obtained B.Ed. degree. Thereafter she was granted 'A" category scale of pay from the concerned authority with effect from 1st April, 1976. She retired from service on 31.12.2006 attaining the age of superannuation. Till her retirement, the petitioner enjoyed the scale of pay allowed by the respondents under "A" category. After retirement, when the pension papers were processed by the respondents, the concerned authority of Pension, Provident Fund and Group Insurance raised certain objection as to the fixation of pay of the petitioner and directed the department for recasting the petitioner under B" category scale of pay and to calculate the overdrawn amount. Thereafter, the petitioner requested the respondent No. 1 to review the situation, but her claim was turned down by the concerned authority, as a result of which the petitioner has come up before this court with a prayer for directing the respondents to rescind, cancel and/or withdraw the purported communication made under memos dated 12.4.2006 and 13.11.2006 (Annexure P-1), 11.7.2007 (Annexure P-4), 11.1.2008 (Atutexure P-6) and 27.11.2008 (Annexure P-8).
(2.) It is the contention of the learned Advocate of the petitioner that the petitioner obtained B.Ed. degree and permission was duly accorded by the concerned authority and she had drawn 'A" category scale of pay since then till her retirement. He further contended that such benefits cannot be curtailed and/or withdrawn by the department concerned and the concerned department be directed to release and disburse the pensionary benefits of the petitioner. In support of his contention, he relied upon a Government Notification No. 352- SE(Pry) Dated 31.5.1996, which runs as follows : "GOVERNMENT OF WEST BENGAL School Education Department, Primary Branch, Bikash Bhavan, Salt Lake. Calcutta No. 352-SE (Pry.) Cal. The 31st May, 1996 From : Shri S. Som Joint Secretary to the Govt. of West Bengal To : The Director of School Education, West Bengal The undersigned is directed to invite a reference to memo No. 306- SC/P dt. 7.2.67 issued by the Director of Public Instruction, West Bengal and indicating that there may not be any objection to treat the MA. BT/BA, PGBT teachers of aided primary schools as "A"category teachers for the purpose of payment of Govt. grants on deficit basis. 2. The matter has since been reconsidered by this Deptt. This Deptt. is of the view that BT/B.Ed. degrees are intended for teaching in Secondary / High School and do not impart necessary training in methods of teaching in Primary Schools.
(3.) The undersigned is accordingly directed by order of the Governor to say that for the purpose of sanction of pay scale to a Primary School teacher as Trained Matriculate/School Final/Madhyamik Passed or equivalent. The Primary Teachers Training Certificate only from a recognized Primary Teachers Training Institute of this State shall be accepted w.e.f. 1.7.96.;