Decided on June 29,1995



- (1.)THIS appeal is directed by the Appellant state of West Bengal against the Judgment. and Order dated 21st August, 1989 passed by a Learned Single Judge of this Court in Matter No. 1355 of 1988 before him, disposing of the relevant writ petition in terms thereof for the reasons recorded therein.
(2.)THE Respondent-Writ Petitioner (hereinafter referred to as the respondent) was directly appointed to the post of Additional District inspector of Schools by Order dared 15th June, 1978, being selected through the Public Service Commission in 1977, on an application submitted by him in terms of an advertisement issued by the State government in newspaper inviting applications for direct appointment to the said post. He was subsequently posted as District Inspector of Schools, Darjeeling. in 1979. In March 1980. he was transferred and posted as district Inspector of Schools of 24-Parganas (South), where he had worked upto 30th November, 1986. He was ordered to be superannuated with effect from 1st December, 1986 on his attaining the age of 58 years, as according to the rules the age of retirement in the concerned department is 58 years, excepting for Teachers who are to continue in service till 60 years. It is contended by the Respondent that he should have been allowed to retire An his attaining the age of 60 years which is the superannuation age of 60 years which is the superannuation age of the Teaching personnel of the Education Department. It is contended that the Education department of the State Government has two wings, one is the inspectorate Wing and the other is the Teaching Wing. Under various circulars issued by the State Government from time to time, a Teacher in the Teaching Wing of the Education Department was deputed or transferred to the Inspectorate Wing as Inspector and similarly, the inspectors in the Inspecting Wing were transferred to the Teaching Wing as teachers, the posts being interchangable and inter-transferable. The requisite qualifications are also the same for the Teachers as also the inspectors, and the recruitment rules in respect of the said two Wings are also the same. Since he was ordered to be superannuted with effect from 1st December, 1986 on his attaining the age of 58 years, he had filed the relevant Writ Petition before the Court below for the reliefs prayed therein on the aforesaid contentions.
(3.)THE learned Trial Judge, following the decision of a Division Bench of this Court in the State of West Bengal v. Gopal Ch. Pal, being F. M. A. T. No. 1283 of 1986, disposed of along with F. M. A. T. Nos. 1360 and 1361 of 1986 by a common Judgment and Order dated 12th June, 1987, had disposed of the relevant Writ Petition by allowing the Respondent to continue in service upto 60 years of age, and thereafter to be permitted to continue in service till he attains the age of 65 years, if found to be physically fit and mentally alert, along with certain other directions given therein.

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