Samapti Chatterjee, J. - (1.) The petitioner has filed the present writ petition for direction upon the District Inspector of School (S.E) Purba Midnapur to sanction the pension and gratuity of the petitioner in connection with his service as an Assistant Teacher of Gopalganj Priyanath Bani Bhawan, Dist -Purba Midnapur on the basis of the last basic pay fixed as per ROPA 2009 as the petitioner retired on 31st March, 2015. The petitioner also prayed for cancellation of the Memo No. 356 -S/Pen dated 10th October, 2014.
(2.) The petitioner's case in brief is as follows: - - "The petitioner passed B.A. (three years course) with honours in Sanskrit obtained from the University of Calcutta in the year 1975. He also obtained training qualification viz. Bachelor of Education from the said University in the year 1983." It is submitted further that the petitioner having qualification of B.A. (Hons) in Sanskrit with B.Ed. was appointed for the post of Assistant Teacher in Sanskrit in Gopalganj Priyanath Bani Bhawan, Dist -Purba Midnapur on 23rd August, 1989. His appointment was duly approved by the District Inspector of Schools (S.E) Purba Midnapur vide Memo No. 6835 -S dated 18.09.1989. Since the said post of Assistant Teacher in Sanskrit was an additional post, his approval was subsequently retained and approved permanently as per sanctioned order of the Director of School Education vide No. 2055 -GA dated 19th December, 1986. His appointment was duly approved permanently by the Additional District Inspector of Schools (SE) Tamluk vide Memo No. 762 -S dated 25th July, 1991. It is submitted also that the petitioner's scale of pay was fixed at initial stage i.e. at the time of joining the service at Rs. 440/ - in the scale of Rs. 440 -1170/ -. After enactment of ROPA Rules, 1990, teachers of secondary schools who have improved/will improve their qualifications or who were appointed with higher qualification in the subject or group relevant to their teaching/appointment shall get higher scale of pay appropriate to their qualifications with effect from 1st January, 1986 or the date of improving qualification whichever is later. As per said ROPA Rules, 1990, scale of pay of the petitioner was revised at Rs. 1640/ - in the scale of pay Rs. 1640 -3635/ - which was prescribed as honours scale in terms of the said ROPA Rules, 1990. It is further submitted that fixation of pay scale of the petitioner was approved by the D.I. of Schools (SE) Purba Midnapur which was done by the authority of the said school as per ROPA Rules, 1990. The said District Inspector of Schools (SE) Purba Midnapur has granted such higher scale of pay in favour of the petitioner allowing him to draw salary in the scale of pay at Rs. 1640 -3635/ - in terms of G.O No. 33 -Edn(B) dated 7th March, 1990 (ROPA 1990) which has communicated to the Secretary of the said school vide Memo No. 573 -S dated 14th September, 1992. It is submitted that after enactment of ROPA Rules, 1998 the pay scale of the petitioner was revised in the scale of pay of Rs. 5500 -11325/ - which was prescribed as honours scale of pay and the same was also approved by the said D.I of Schools (SE) Purba Midnapur. Similarly, as per ROPA Rules, 2009, the petitioner's scale of pay was also revised and the same was duly approved by the D.I of Schools (SE) Purba Midnapur. It is also submitted that the petitioner will retire from service on 31st March, 2015 on attaining the age of superannuation. As per Government Memorandum vide No. 88 -SE (B) dated 26th May, 1998, the Pension Papers including Service Book and Pension Booklet prepared by the Headmaster of the said school has been submitted to the D.I of Schools (SE) Purba Midnapur on 17th January, 2014. It is further submitted that the D.I of Schools (SE) Purba Midnapur has communicated a letter to the Headmaster of the said school vide Memo No. 356 -S/Pen dated 10th October, 2014 with an observation that higher scale of pay (Hons) in Sanskrit with effect from 23rd August, 1989 appears to be not in order as per G.O No. 772 -Edn(S) dated 8th July, 1974. It is further submitted that in reply to the said communication dated 10th October, 2014, the teacher -in -charge of the said school has clarified the objection as per audit observation and explaining thereto that the pay scale of the petitioner was allowed as higher scale of pay as per ROPA Rules, 1990 and the same was sanctioned by the D.I of Schools (SE) Purba Midnapur. It is further submitted that it appears from the communication dated 10th October, 2014 that as per audit observation dated 3rd July, 2014 it has been indicated that the petitioner was allowed to draw higher scale of pay (Hons. In Sanskrit) with effect from 23rd August, 1989 which appears to be not in order as per G.O. No. 772 -Edn (S) dated 8th July, 1974. As per G.O No. 772 -Ed(S) dated 8th July, 1974, the School Education Department has sanctioned the staff pattern of Secondary School having classes 5 to 10 wherein four posts were sanctioned in the language group viz 1st, 2nd and 3rd in language. The petitioner was appointed having honours qualification in Sanskrit i.e. the 3rd language as prescribed in the said Government order dated 8th July, 1974 but there is no whisper regarding fixation of pay scale of a teacher either in pass graduate scale or in honours/post graduate scale.
(3.) Mr. Sakti Pada Jana, learned Advocate appearing for the petitioner contended that after enactment of ROPA 1990 the petitioner's scale of pay was revised with honours scale as prescribed therein irrespective of staff pattern and the same was sanctioned by the D.I of Schools (SE) Purba Midnapur vide Memo No. 573 -S dated 14th September, 1992. As such, the respondent concerned cannot raise any objection against the fixation of pay scale which was done as per relevant ROPA Rules, 1990 and as per approval of the D.I of Schools (SE) Purba Midnapur.;