- (1.) The present writ petition has been preferred primarily praying for the following relief : (a) Issue a writ or writs in the nature of Mandamus be issued by commanding the respondents particularly respondent no.4 to release four increments of the petitioner in the Scale of Reader and all monetary benefit with arrears thereto within a Specific time; Shorn of unnecessary details the facts are that the petitioner obtained her Ph.D degree on 13th January, 1987. She participated in a selection process for appointment to the post of a lecturer and upon emerging to be successful in the same, she was appointed to the post of Lecturer in Zoology at Banwarilal Bhalotia College, Asansol (in short, the said college) under University of Burdwan on 1st April, 1991. Thereafter, she was promoted to the post of Senior Lecturer on 1st April, 1996 and to the post of Reader on 1st April, 2000. On 23rd December, 2014 she submitted a representation to the Secretary, Higher Education Department claiming four advance increments in terms of a Government Order (in short, G.O.) dated 4th February, 1999 and the benefit of two advance increments w.e.f. 27th July, 1998 in terms of G.O. dated 26th November, 2001. As the same was not considered, she preferred a writ petition being W.P. 17307 (W) of 2015 which was disposed of by an order dated 5th August, 2015 directing the competent authority to consider the petitioner's claim. Pursuant to such direction, initially, an order was passed by the respondent no.4 on 26th November, 2015 awarding four advance increments to the petitioner w.e.f. 27th July, 1998. Due to some printing mistakes, the said order was substituted by a fresh order dated 2nd May, 2016 granting four advance increments w.e.f. 01.01.1996. A pay fixation memo was thereafter issued o 18th May, 2016. Subsequent thereto, a letter dated 17th June, 2016 was issued by the President of the Governing Body of the said college stating inter alia that the petitioner had got no monetary benefit due to such pay fixation and the authorities were requested to reconsider the petitioner's claim. As no further steps were taken, the petitioner issued a letter to the competent authority through her learned advocate on 26th July, 2016 but the same was not attended to. Aggrieved thereby, the petitioner filed the present writ petition on 3rd August, 2018 and in the midst thereof, she retired on 31st December, 2016.
(2.) Mr. Barua, learned advocate appearing for the petitioner submits that prior to issuance of the modified memo dated 2nd May, 2016, the petitioner was not granted any opportunity of hearing. On the basis of pay fixation as per the order dated 2nd May, 2016 the petitioner had not availed any monetary benefit. The petitioner had also been denied the benefit of two advance increments when she was promoted as Reader. The authorities were under an obligation to disburse the said two increments in Reader's scale on the basis of clause 3(c) of the G.O. dated 4th February, 1999. The benefits available to the petitioner as per the G.O. dated 26th November, 2001 were also denied.
(3.) Drawing the attention of this Court to clause 4 of Annexure II of the G.O. dated;