- (1.) Petitioner has filed the present writ petition assailing the orders dated 15th July, 2013 and 6th September, 2013 also the Memo dated 6th January, 2014 issued by the Deputy Director of Accounts and the order dated 10th April, 2014. The petitioner also prayed for direction upon the respondent authorities to release pension and gratuity on the basis of pay drawn by the petitioner in the last month of his service at an early date.
(2.) The petitioner's case in brief is as follows :- That on 16th May, 1979 the petitioner was appointed as an Assistant Teacher in the Bishrail High School (S.E) District- Dakshin Dinajpur. His appointment to the said post was duly approved by the District Inspector of Schools of 1st February, 1980. On and from 24th August, 1987 the petitioner was granted two additional increments with effect from 1st January, 1987 by the District Inspector of Schools (S.E) Dakshin Dinajur. On 2nd August, 1993 the pay of the petitioner was fixed vide G.O. No.33Edn (B) dated 7th March, 1990 taking into consideration the said two additional increments for DELT course as the petitioner passed DELT Examination in the year 1986. On 1st January, 1997 the petitioner was appointed as Headmaster of the said school which was duly approved by the said District Inspector of Schools (S.E) on 8th January, 1997. Again on 16th August, 1991 the pay of the petitioner was fixed and approved by the District Inspector of Schools under ROPA 1990 and further on 18th August, 1990 the pay of the petitioner was fixed and approved by the District Inspector of Schools (S.E) under ROPA 1999. Again on 15th July, 2010 the pay of the petitioner was fixed and approved by the concerned Additional District Inspector (S.E). On 31st January, 2013 the Secretary of the said school submitted pension papers of the petitioner to the office of the District Inspector of Schools (S.E) Dakshin Dinajpur. On 15th July, 2013 the Deputy Director of accounts raised an objection on the papers forwarded by the school authority pertaining to the petitioner's service. On 16th August, 2013 the Secretary of the school gave a reply on the audit objection. Thereafter on 6th September, 2013 again the Deputy Director of accounts made observation in respect of pension case of the petitioner. On 30th October, 2013 the Secretary of school submitted necessary papers in respect of audit observation of the Deputy Director and thereafter on 7th October, 2013 the District Inspector of Schools wrote a letter to the Secretary for necessary order in respect of granting additional increments in favour of the petitioner. As a result thereof on 1st November, 2013 the Secretary submitted necessary papers in respect of the pension case of the petitioner. Thereafter on 10th April, 2014 the District Inspector of Schools (S.E) Dakshin Dinajpur issued an order directing the Secretary to take necessary action to recover the alleged overdrawn amount from the petitioner's pensionary benefit. Against that the petitioner made representation to the concerned authority on 8th December, 2014 to take step to issue PPO in favour of the petitioner but no step was taken. Hence the writ petition.
(3.) Mr. Robilal Moitra, learned Senior Counsel appearing for the petitioner submits that the petitioner is very much entitled to get pension and gratuity on the basis of the last pay drawn in view of the memo dated 24th August, 1987 and also the memo dated 2nd August, 1993 whereby the petitioner was granted two additional increments with effect from 1st January, 1987 by the concerned District Inspector of Schools. As per G.O No.33Edn(B) dated 7th March, 1990 it was taken into account the said two additional increments for possessing DELT course.;