31.07.2026 Court No.652 Item No. 23 sp WPA 17600 of 2025 Pradip Kumar Saha Vs. The State of West Bengal & Ors. Md. Manuwar Ali, Ms. Nandita Kundu. … for the Petitioner. 1. Affidavit of service is filed. 2. Let it be taken on record. 3. In spite of service, none appears for the State respondents. 4. Hence, this matter is taken up for determination in absence of the State respondents. 5. Mr. Ali, learned advocate is appearing for the petitioner. As per his submissions, the petitioner’s case, inter alia, is as follows: 6. The petitioner joined in service on August 17, 1984. Though he possessed Master’s Degree qualification in the relevant subject ‘Sanskrit’, he was allowed graduate pay scale. Several rounds of litigations followed in this regard at the instance of the petitioner before this Court and ultimately in WP 13911 (W) of 2018 vide order dated September 20, 2018, the Court has directed as follows:- (a) All arrears of salary and emoluments to be determined after applying the Post-Graduate Scale and deducting the 2 amount received by the writ petitioner at the Graduate Scale from 17.08.1984 till 31.01.2016. (b) to his pension being calculated from the date of retirement at the Post-Graduate Scale applicable scale including any increments and benefits that may be accrued from the year 1984 till his date of retirement. (c) to arrears of all salary and dues after applying the Post- Graduate Scale as directed hereinabove after deducting amounts already received by him. (d) to arrears of pension to be calculated after applying the Post-Graduate Scale including any increments in the Basic Pay as on his date of retirement, from the date of retirement till date of actual receipt of the amount. (e) to pension at the current Post-Graduate Scale after duly applying into consideration any of the Pay Commission Recommendations from the date of retirement till date and for all future pensionary benefits. The aforesaid orders shall be made available to the writ petitioner within a period of 45 days from the date of communication of the copy of this order failing which the writ petitioner shall be paid an interest @9% p.a. to be calculated on all the arrears indicated hereinabove from the date they had accrued till the date of actual payment. 7. The said order of the Court, when challenged before the Appeal Court in MAT 954 of 2019, the Appeal Court vide order dated August 8, 2023 has upheld the order of the Single Bench as above. 8. Subsequently, the respondent no. 3, District Inspector of Schools (S.E.), Murshidabad passed an order dated September 19, 2023 granting the benefit of revised pay scale and pension in favour of the petitioner. 9. Mr. Ali has further stated that since pension is being allowed to the petitioner at the higher rate, he has no grievance with regard to that at this stage. In the instant writ petition, the petitioner has put forth grievance of non-receipt 3 of the arrear amount of pay/salary as per post graduate category pay scale, for the period from (i) August 17, 1984 to March 31, 1997 and (ii) June 1, 2015 to January 31, 2016 (when in spite of introducing salary to the petitioner as per enhanced rate, the said benefit was curtailed pursuant to the order of the D.I.). 10. It is submitted that though the petitioner at the initial period of his service has not been allowed the higher scale of pay commensurate to his qualification, later on vide order of the District Inspector of Schools (S.E.), Murshidabad, similar benefit was accorded to him. However, subsequently also the said office cancelled and withheld the benefit of higher pay scale, from the petitioner. This way, during his service tenure, the petitioner had faced withdrawal of grant of higher pay scale to him for time and again. Later on at the intervention of the Court, he has been finally granted pay scale commensurate to post graduate category. However, in the process, the arrear salary as per post graduate category pay scale for the period as mentioned above, has still remained unpaid. The petitioner by filing the instant writ petition has prayed for release of the said amount of arrear. 11. Having not found any material contrary to what has been submitted and prayed for by the petitioner in the instant writ petition and having perused the orders of the Court previously granting post graduate pay scale to the petitioner and further having perused the order of the District Inspector of Schools (S.E.), Murshidabad to have 4 complied with the Court’s order duly and substantially by granting arrear pay and pension to the petitioner in accordance with post graduate scale, the Court has no hesitation to allow the petitioner’s prayer in the instant writ petition. 12. Accordingly, the instant writ petition is disposed of directing the respondent no. 3, District Inspector of Schools (S.E.), Murshidabad to immediately take steps for release of arrear amount of pay to the petitioner for the period (i) August 17, 1984 to March 31, 1997 and (ii) June 1, 2015 to January 31, 2016, calculating his pay in accordance with post graduate scale. 13. The petitioner shall also be paid interest at the current rate of savings bank interest of any nationalized bank, on the amount of arrear paid to the petitioner from the date of the order of this Court that is September 20, 2018, till the date of actual payment. 14. Let it be further directed that the application for commutation of pension by the petitioner, if any pending, shall also be considered by the respondent authority within the said time frame. 15. With the directions as above, the instant writ petition is disposed of. 16. There shall be no order as to costs. 5 17. All the parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rai Chattopadhyay, J.)