Soumen Sen, J. - (1.) THE instant application has been filed for review of the judgment dated 1st August, 2007 passed in A.P.O No.2 of 2007.
(2.) THE order under review was passed in the appeal preferred by the petitioner against the order of dismissal of the writ petition being W.P.No.1806 of 2006. The petitioner was an assistant teacher of Scottish Church Collegiate School (Secondary School) (hereinafter referred to as the said school) till he retired from service on 20th November, 2006 on attaining 60 years of age. He joined the said school on 21st February, 1976 and retired on 20th November, 2006. The petitioner challenged the said order of superannuation on 20th November, 2006 on the ground that under the Government Circular dated 22nd March, 2004 he is entitled to continue as such whole time teacher till he attains the age of 65.
(3.) IN order to appreciate the points urged by the petitioner in the review application we may refer to some of the relevant facts which we feel are necessary for deciding the instant application for review. The petitioner was working as an assistant teacher in the Scottish Church Collegiate School. The said school is receiving Dearness Allowance (D.A.) from the Government. Under the provisions of the West Bengal Board of Secondary Education Act, 1963 and the Rule 28 of the Management Rules 1969, a whole time teacher is entitled to claim extension of service beyond 60 years provided he does not take the benefit of the pay revision.;