JUDGEMENT
Jayanta Kumar Biswas, J. -
(1.) The petitioner is questioning the decision of the District Inspector of Schools (S.E.), Howrah dated December 9, 2004 holding that in view of provisions in Government order No. 304(6)-Edn (B)/IM- 1/82 dated June 21, 1983 the date of next increment given to the petitioner on improving his qualification was to be changed.
(2.) On June 1, 1966 he joined Uluberia Hazi Ishaque D.U.S. Senior Madrasah as an assistant teacher. At the time of appointment he possessed a bachelor's degree. On November 22, 1983 he improved his qualification by obtaining a master's degree. He prayed for benefits of higher scale. The post graduate scale of pay was given to him with effect from November 22, 1983. Prior to that date he had been enjoying the graduate scale of Rs. 440-1170/- and he was getting pay at Rs. 540/-. The post graduate scale was Rs. 550-1470/-. In terms of Government orders existing at that date his pay (in the post graduate scale of pay) was fixed at 550. The fixation took effect from November 22, 1983.
(3.) Thereafter his scale was fixed from time to time according to the relevant rules revising pay and allowances. On reaching the age of superannuation he retired from service on September 30, 2000. Thereafter the authorities issued orders dated October 3, 2000 and July 5, 2001 directing recovery on the ground that for wrong fixation of pay with effect from April 1, 1984 he had overdrawn a sum of Rs. 97,945/-. Questioning the actions he took out W.P. No. 7473(W) of 2002 before this Court. That was disposed of by order dated July 28, 2003 directing the district inspector of schools to give a reasoned decision in the matter.;
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