Debangsu Basak, J. - (1.) The petitioner assails a writing dated April 2, 2008 by which, the claim for pension of the postgraduate scale of pay has been rejected in terms of Section 14 of the West Bengal School (Control of Expenditure) Act, 2005 read with G.O. No.593-SE(B) dated November 27, 2007.
(2.) Learned advocate appearing for the petitioner submits that, the petitioner had joined service with graduate degrees on February 10, 1975. He had obtained postgraduate degree on October 3, 1979. The petitioner had superannuated from service in July 2008. Till the date of his superannuation, the petitioner was receiving the postgraduate scale of pay. Learned advocate appearing for the petitioner relies upon (Ashim Kumar Khan v. The State of West Bengal & Ors., 2014 2 CalLT 66) and (Asit Baran Maity v. State of West Bengal & Ors.,2013 3 WbLR 820 (Cal)) in support of his contention that, the Act of 2005 cannot be given retrospective effect.
(3.) Learned advocate appearing for the State submits that, the petitioner has given an undertaking while receiving the provisional pension, that in the event, the petitioner receives excess payment, he will refund the same along with interest.;