Protik Prakash Banerjee, J. - (1.) The writ petitioner retired from service after a long and fulfilling innings as an Assistant Teacher, on October 31, 2017. He had been duly appointed as an Assistant Teacher way back on October 28, 1981 which post he joined on November 3, 1981 and his pay had been revised and fixed several times thereafter. The writ petitioner was entitled to receive his pension and other retirement benefits the very next day (November 1, 2017). He did not get it. He has not got it even today. On or after November 6, 2017 the District Inspector of Schools (Secondary Education), Howrah, wrote to the Head of the Institution where he was serving, to clarify the questions arising out of the observations mentioned in the Memo dated October 26, 2017 sent by the Assistant Director, Pension, Provident Fund and Group Insurance, West Bengal to the said District Inspector and on the basis of that, the petitioner has been deprived of his pension and other retirement benefits, without any decision being taken.
(2.) This petition under Article 226 of the Constitution of India seeks the release of the pension and retirement benefits of the writ petitioner after quashing the letters dated October 26, 2017 and November 6, 2017 issued by the respondents no.5 and 3 respectively, seeking to know the government order on the basis of which post graduate scale and normal increments were allowed to the writ petitioner since his qualification is M.A. (Pol. Sc.) with B.P.Ed, (Master of Arts in Political Science and Bachelor of Physical Education) and also seeking to know the "group of teaching" naturally, with reference to the staff pattern. The prayers have been framed for securing the above reliefs. The writ petitioner retired from services on October 31, 2017. The writ petitioner admittedly got to know of the memo dated October 26, 2017 which was not addressed to him but the respondent no. 3, only after November 6, 2017 when the memo dated November 6, 2017 was sent by the respondent no. 3 to the head of his institution. These memoranda together, requested the pension sanctioning authority (the respondent no. 3) to correct the alleged defects in the pension case by clarifying "the basis of which G.O. Post Graduate Scale and normal increments were allowed to" the writ petitioner "as because qualification of" the writ petitioner is "M.A. (Pol. Sc.) with B.P. Ed. It also be clarified his group of teaching." These sought to raise doubts about the fixation of his pay and the qualifications on the basis of which this was done, considering the "group" in which he was appointed as a teacher, which had stood undisturbed over several pay fixations.
(3.) I will examine, on the face of the records, how far the writ petitioner has been able to make out that case. Annexure P/2 to the writ petition is the appointment letter. It shows that the managing committee of Salkia Shree Mishra Vidyalaya High School appointed the writ petitioner as an Assistant Teacher of the school by the letter dated October 28, 1981. The appointment was on temporary basis. It made it clear, that since the writ petitioner held a Masters' Degree in political science, he would, in addition to the subject Physical Education, also have to take the Additional Subjects named "Elements of Economics" and "Civics" in classes IX and X. Annexure P/3, a memo dated January 15, 1982 is the approval of the said appointment on a temporary basis against permanent vacancy issued by the respondent no. 3. His educational qualifications were mentioned in that memo as "M.A., Dip-in-PhyEdn." and it was expressly mentioned that the appointment was approved on the salaries admissible under the G.A. Rules according to G.O. No.772-Edn (S) dated July 8, 1974 with effect from November 3, 1981.;