- (1.) In this application under Article 226 of the Constitution the petitioner has prayed for issuance of an appropriate Writ directing the respondents not to give effect to the letter dated the 31st December 1966. "The said letter by the Assistant Secretary, Government of West Bengal to the Headmaster, Nigamananda Saraswati Vidyalaya, P.O. Nigamananda, Dist. Coochbehar (Annexure 'C' of the petition) is as follows: Sub : Advance increments to the teachers on successful completion of the training course of the Institute of English, Calcutta. Sir, I am directed to refer to your letter dated 23.7.66 on the subject mentioned above, and to say that only assistant teachers of the Govt. and aided secondary schools teaching English, who would successfully complete the training course at the Institute of English, Calcutta, are entitled to draw two increments in the respective scales of pay from the date of resuming their duties in the respective institutions. But, no arrears prior to the date of issue of G.O. No.3818 -Edn. (D) dated 30.12.64 should be allowed. Yours faithfully, Sd/ - B. K. Jha, Assistant Secretary." It appears that the Government of West Bengal, Education Department, issued a circular earlier which set out below: - "No.3818 -Edn -(D) 5P -29/64 Dated Calcutta, the 30th December, 1964 From : Shri H. B. Ghosh Deputy Secretary to the Government of West Bengal To : The Director of Public Instruction, West Bengal. Ref : His letter no.1814, dated the 29th April, 1964 The undersigned is directed by order of the Governor to say that the Governor is pleased to direct that the teachers of Government and aided secondary schools, who would successfully complete the training course at the Institute of English, Calcutta, may be allowed to draw two increments in the respective scales of pay from the date of resuming their duties in the respective schools."
(2.) The Accountant General, West Bengal has been informed.
(3.) This order issued with the concurrence of the Finance Department of this Government vide their U.O.No.A.VII/2805, dated the 10th December, 1964. No. 821 (111) Sc/G Sd/ - H.B.Ghosh, 50 -8G -64 Deputy Secretary, Dated Calcutta, the 17th February, 1965. 2. A perusal of the said circular of December 30, 1964 would indicate that the teachers of the Government and aided secondary schools who would successfully complete the training course at the Institute of English, Calcutta, have been allowed to draw two increments in the respective scales of pay from the date of resuming their duties in the respective school. There is no dispute that the petitioner, who was working as the Headmaster of Ajodhya High School, Ajodhya, P.S. Bishnupur, District Bankura since March 1, 1963 successfully completed the course of teaching English course at the Institute of English, Calcutta, and was awarded the requisite diploma. On the basis of the letter dated 31st December 1966, Annexure C to the petition, the Managing Committee of the petitioner's school passed a resolution on March 3, 1974, recording that the petitioner was not entitled to two increments which he had enjoyed and that his increment should be stopped and that he should refund the money to the school taken by him by way of increments. 3. The petitioner in this Rule contends that in the circular issued by the order of the Governor, the increment was made liable to be paid to all teachers who would successfully complete the training course at the Institute of English, Calcutta, and the said circular did not make any distinction between a headmaster and other teachers of the school. Accordingly, he was entitled to the increments enjoyed by him and to continue to receive the benefits thereof as submitted by Mr. Palit, learned Advocate appearing for the petitioner. The petitioner accordingly prayed for appropriate writ restraining the respondent from giving effect to the letter dated December 31, 1966 aforesaid and the resolution of the Managing Committee of the petitioner's school passed on March 3, 1974.;