Bhaskar Bhattacharya, J. - (1.) By this writ application, the writ petitioner, a retired Primary Teacher, has prayed for direction upon the respondents to sanction and pay pension and other benefits on the revised scale of pay as per G. O. No. 33-Edn.(B) dated March 7,1990. The petitioner also prays for quashing of order dated 16th March, 1992, Annexure 'E', and orders dated May 30,1991 and 2nd January, 1992 being Annexures 'H' and 'J' respectively to this writ application.
(2.) The following facts are not in dispute: a) The petitioner retired from Panchrol Special Primary School w.e.f. 30th September, 1986 due to his physical incapacity on voluntary basis and the same was accepted by D. S. B., Midnapore, vide Memo No. 4948/2/FS dated August 17,1988. After such retirement, the petitioner applied to the authority concerned as per G. O. No. 378 Edn.(B) dated 31st July, 1986 praying for his pension and other benefits and those were sanctioned in the year 1990 as would appear from Memo No. 4320/2/CS dated 5th February, 1990 issued by the then President, Ad-hoc Committee, District School Board, Midnapore. Pursuant to such decision, the petitioner has been receiving the said pension and other benefits till date. b) Subsequently, Government issued a G.O. being G.O. No. 33 Edn.(B) dated 7th March, 1990 stipulating that the teacher who retired on or after 1st January, 1986 should be eligible to exercise option for revision of their pensionary benefit and would be entitled to get the benefit of the revised scale introduced w.e.f. 1.1.1986 and that those teachers are to opt for revised scale within a specified time. c) According to the case made out by the writ petitioner in this application, he exercised his option within the fixed time before the concerned respondent but due to his ignorance he exercised such option wrongly in VIII-C Form. Thereafter, he met with the dealing assistant in the office of the respondent No.4 who told the petitioner for the first time that the option exercised in Form VIII-C was not correct because a voluntary retired teacher should have exercised the option in VIII-B Form. Thereafter, according to the petitioner, the dealing assistant advised him to file option in VIII-B Form and accordingly, the petitioner submitted another option in Form VIII-B countersigned by S.I., School, Egra, in place of his earlier option in VIII-C Form. d) It appears from Annexure G to the instant writ application that the petitioner was asked to show cause within a fortnight why the pensionary benefit given to the petitioner should not be stopped for giving two option Forms on the ground that the first one is not in conformity with G.O. No.33-Edn.(B) dated 7th March, 1990. The Chairman, Ad-hoc Committee took strong exception to the fact that the petitioner had in writing stated that he did so on the advice of the Council although no such direction was given by the Council. According to the Chairman, once option was submitted, there was no scope of change of such option. e) Subsequently, by Annexure 'H', the Chairman, Ad-hoc Committee informed the petitioner that the option for revised scale of pay, 1986, exercised by him was not in conformity with G.O. dated 7th March, 1990 and hence, the same was cancelled. He was further informed that the petitioner would remain in the existing scale of pay prior to 01/01/1986. The petitioner having prayed for reconsideration of such prayer, the District Inspector of Schools by Annexure 'J' informed the petitioner that there was no scope of altering the previous order issued by the Council.
(3.) Being dissatisfied, the petitioner has come up with the instant writ application.;