TAPABRATA CHAKRABORTY,J. - (1.) The present writ petition has been preferred challenging the inaction on the part of the respondents towards disbursement of the pensionary benefits.
(2.) Mr. Mitra, learned advocate appearing for the petitioner submits that the petitioner retired from the post of an Assistant Teacher of Work Education in Arjuni High School (in short, the said school) on 31st January, 2016. He was appointed and approved in the said post with effect from 16th December, 1989. The petitioner enhanced his qualification by acquiring Master Degree in Bengali. In terms of a government order dated 27th January, 1995, he was sanctioned the post graduate scale of pay by a memo dated 13th June, 1996 issued by the respondent No. 4. On and from the said date the petitioner enjoyed the post graduate scale of pay till the date of his retirement. The last pay drawn by the petitioner in the post graduate scale of pay was reflected in the last pay certificate issued by the school authorities. The school authorities duly forwarded all the pension papers of the petitioner along with the last pay certificate but the auditing authority raised an objection as regards grant of the post graduate scale of pay. The respondent No. 4 thus sought for a clarification from the respondent No. 2 by memoranda dated 12th November, 2015 and 12th April, 2016 observing, inter alia, that the grant of post graduate scale of pay as per government order dated 27th January, 1995 by the then District Inspector of Schools (S.E.) was justified and that the subsequent options exercised by the petitioner for revised scale of pay were also approved under the Revision of Pay and Allowances Rules (in short, ROPA). In the midst thereof, the respondent No. 3 also referred the matter to the respondent no. 2 and the Joint Secretary, Government of West Bengal, School Education by letters dated 10th February, 2016 and 14th June, 2016 seeking instructions. The said respondent No. 3 also wrote a letter to the respondent No. 4 on 2nd June, 2017 directing the said respondent No.4 to justify the applicability of the government order dated 27th January, 1995 on the basis of documents stated in the said memo. Pursuant thereto, necessary records were called for from the school authorities and the same were duly furnished but thereafter no steps were taken towards disbursement of the pensionary benefits.
(3.) Mr. Das, learned advocate appearing for the State respondents submits that in terms of the earlier order of this Court dated 24th November, 2017, the respondent No. 4 twice approached the respondent No. 3 with a request to dispose of the pension file of the petitioner and in reply thereto the said respondent No. 3 by a memo dated 7th December, 2017 informed that the petitioner's claim cannot be vetted unless instruction as sought for from the Commissioner of School Education is furnished.;