Q: I joined as a teacher in a government-aided junior high school after BA / BT. I was wrongfully removed from service on February 14, 1981 and I filed a case. I completed my MA in February 1983. The Calcutta High Court set aside the removal order on September 12, 2006. In normal course I was due to retire on July 31, 2005, thus the court directed the school authorities to calculate the amount payable from the date of my dismissal to the date of my retirement and pay me 25 per cent of the arrear salaries and allowances, together with all other retirement benefits. The school authority submitted its bill to the DI of schools in February 2007 on the basis of which I was eligible for the MA / BT scale of pay from February 1983. However, the DI informed the school that he could only make payment on the basis of the pay-scale at the time of my removal. What shall I do now?

Subhadra Chakrabarty

A:After the high court set aside the order of dismissal, you were automatically deemed to have been in service from February 1981 to the date of your retirement. Therefore you would be entitled to all benefits and allowances that would have accrued to you in the usual course of your service. There is no doubt that had you obtained MA qualifications in the course of your employment, you would be entitled to a higher pay-scale. In fact in West Bengal, the state has by way of a governmental order provided that all secondary school teachers will be allowed to avail of a higher pay-scale on the basis of their qualification, after five years of teaching, counting from the date on which such higher qualification was obtained. Now, from the gist of the court order, there is nothing to suggest that you would not be entitled to the higher pay-scale. But unfortunately the DI is taking a contrary view. Normally, your recourse would be to make a representation before the DI and try and resolve this impasse. Otherwise, you would have to approach the high court by way of a fresh writ petition. It would be more effective if you forthwith make an application before the high court seeking a clarification of the earlier order, so that it is made clear that you would be entitled to the higher pay-scale if so eligible. Armed with such an order you should have no difficulty in convincing the DI to make the necessary disbursement.