CHHAYA BHATTACHARYA (ROY) Vs. THE STATE OF WEST BENGAL AND ORS.
LAWS(CAL)-2015-9-73
HIGH COURT OF CALCUTTA
Decided on September 08,2015

Chhaya Bhattacharya (Roy) Appellant
VERSUS
The State of West Bengal and Ors. Respondents

JUDGEMENT

- (1.) The petitioner has filed the writ petition against impugned order dated 4th September, 2014 issued by the Assistant Director, Pension, Provident Fund and Group Insurance, West Bengal and the earlier letter dated 2nd March, 2013 issued by the Headmistress, Simulia Uziran Girls' High School under P.S.-Tamluk, District-Purba Medinipore and the letter dated 3rd June, 2015 issued by the District Inspector of Schools (SE) Purba Medinipore.
(2.) The petitioner's case in brief is that :- The petitioner passed the B.A. Examination under the University of Calcutta in the year, 1966 and thereafter the petitioner was appointed as an Assistant Teacher in Simulia Uziran Girls' Junior High School and joined the service on 1st August, 1966 when the school was running as Junior High School. Thereafter the petitioner's appointment was approved by the concerned District Inspector of Schools (S.E.), Purba Medinipur, on 25th September, 1968 with effect from 1st August, 1966. The petitioner initially used to enjoy the passed graduate scale since the school was a Junior High School with effect from 1st August, 1966 to 15th May, 1971. Thereafter, she was allowed to enjoy trained graduate scale of pay from 16th May, 1971 to 31st March, 1981. After obtaining permission from the school authority the petitioner took admission in Tamralipta Mahavidyalaya for studying Special Honours in Political Science, specially for the year, 1967 to 1969 in morning session of the college without hampering or disturbing the normal course of business of the school as the school was running in day session i.e. from 11A.M. to 4P.M. and thereafter the petitioner passed Honours Examination in the year, 1969. The petitioner also passed B.Ed. Examination from the University of Calcutta in the year, 1970.
(3.) Mr. Pal, learned Counsel appearing for the petitioner, submits that in the Junior High School Honours or post graduate scale of pay was not granted before the publication of G.O. being No. 372-Edn.(B) dated 31st July, 1981. In the year, 1981, the petitioner exercised her option on 18th March, 1981 for granting the benefit of G.O. dated 31st July, 1981 in the revised pay scale of Rs.500-1360/- with effect from 01.04.1981 as trained Honours graduate candidate as per ROPA, 1981. Accordingly, from 1981 the petitioner was allowed to enjoy the trained Honours graduate scale of pay of Rs.500-1360/- with effect from 01.04.1981 and the petitioner's pay was fixed by Rs.500/- from 1st April, 1981. Thereafter again by the Memorandum no. 136Edn. (P) dated 15th May, 1985 the petitioner exercised option as per paragraph 3(b) of the said Memorandum dated 28th December, 1985 for pension including family pension-cum-gratuity which was counter-signed by the headmistress of the said school. Even under ROPA 1990 the petitioner exercised her option on 4th June, 1990 and her pay scale was revised from Rs.1640-3635/-.;


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