- (1.) THE Judgment of the Court was as follows : This writ application is directed against an order passed by the respondent No. 4 under Memo No. 361 L(4) dated August 13, 2012. By virtue of the impugned order, the respondent No. 4 decided not to release the pensionary benefits on the basis of the last pay drawn by him in connection with his service as a Headmaster of Analberia High School (H.S.), District Purba Medinipur taking into account his qualification of M.A. in Islamic History.
(2.) THE petitioner was initially appointed as an Assistant Teacher in Science Group of Astichak S.J. High School, District Purba Medinipur with effect from January 20,1981. Subsequently the petitioner obtained Master Degree in Islamic History in the year 1982. The petitioner was appointed as Headmaster of Analberia High School (H.S.), District Purba Medinipur with effect from April 22, 2Q04. The benefit of higher scale of pay extended in his favour with effect from September 6, 1987. The petitioner retired from the aforesaid service with effect from December 1, 2011. Since the terminal benefits were not paid to him, the petitioner moved an application under Article 226 of the Constitution of India in the matter of Asit Baran Maity v. The State of West Bengal & Ors., [In Re: W.P. No. 356 (W) of 2012]. It was disposed of on February 17, 2012 with a direction upon the respondent No. 4 to take a decision in the above matter in accordance with law. By virtue of the impugned order, the respondent No. 4 decided not to extend the benefit of higher scale of pay in the matter of fixation of last pay drawn for the purpose of calculating terminal benefits. I have heard the learned Counsel appearing for the respective parties and I have considered the facts and circumstances of this case.
(3.) FOR proper adjudication of the issued involved in this matter the operative part of the impugned order is quoted below: "But in terms of Note 2(c) of Annexure I of G.O. No.372 EDN(B) dt.31.7.1981 at teacher may enjoy higher pay scale on qualification basis only when he/she obtained such higher qualification in the subject relevant to his/her teaching/appointment. In the instant case the petitioner's appointment was in science group having qualification B.Sc, B.Ed, and he entertained salary in graduate scale. Subsequently he enhanced his qualification M.A. in Islamic History was not the subject relevant to his teaching/appointment. Hence the petitioner is not entitled to obtain P.G. scale by any means and his pensionary benefits would be calculated on the basis of last pay admissible on the date of retirement in graduate scale. Thus the matter is disposed of from this end. All concerned be informed accordingly. District Inspect of Schools (Secondary Education), Purba Medinipur." ;