Judgment 1. THIS appeal is directed by the Appellant state of West Bengal against the Judgment and Order dated 21st August, 1989 passed by a Learned Single Judge of this Court in Matter No. 1355 of 1988 before him, disposing of the relevant writ petition in terms thereof for the reasons recorded therein. 2. THE Respondent-Writ Petitioner (hereinafter referred to as the respondent) was directly appointed to the post of Additional District inspector of Schools by Order dared 15th June, 1978, being selected through the Public Service Commission in 1977, on an application submitted by him in terms of an advertisement issued by the State government in newspaper inviting applications for direct appointment to the said post. He was subsequently posted as District Inspector of Schools, Darjeeling in 1979. In March 1980 he was transferred and posted as district Inspector of Schools of 24-Parganas (South), where he had worked upto 30th November, 1986. He was ordered to be superannuated with effect from 1st December, 1986 on his attaining the age of 58 years, as according to the rules the age of retirement in the concerned department is 58 years, excepting for Teachers who are to continue in service till 60 years. It is contended by the Respondent that he should have been allowed to retire An his attaining the age of 60 years which is the superannuation age of 60 years which is the superannuation age of the Teaching personnel of the Education Department. It is contended that the Education department of the State Government has two wings, one is the inspectorate Wing and the other is the Teaching Wing. Under various circulars issued by the State Government from time to time, a Teacher in the Teaching Wing of the Education Department was deputed or transferred to the Inspectorate Wing as Inspector and similarly, the inspectors in the Inspecting Wing were transferred to the Teaching Wing as teachers, the posts being and inter-transferable. The requisite qualifications are also the same for the Teachers as also the inspectors, and the recruitment rules in respect of the said two Wings are also the same. Since he was ordered to be superannuted with effect from 1st December, 1986 on his attaining the age of 58 years, he had filed the relevant Writ Petition before the Court below for the reliefs prayed therein on the aforesaid contentions. Since he was ordered to be superannuted with effect from 1st December, 1986 on his attaining the age of 58 years, he had filed the relevant Writ Petition before the Court below for the reliefs prayed therein on the aforesaid contentions. The learned Trial Judge, following the decision of a Division Bench of this Court in the State of West Bengal v. Gopal Ch. Pal, being F. M. A. T. No. 1283 of 1986, disposed of along with F. M. A. T. Nos. 1360 and 1361 of 1986 by a common Judgment and Order dated 12th June, 1987, had disposed of the relevant Writ Petition by allowing the Respondent to continue in service upto 60 years of age, and thereafter to be permitted to continue in service till he attains the age of 65 years, if found to be physically fit and mentally alert, along with certain other directions given therein. 3. BEING aggrieved by the Judgment and Order so passed by the learned trial Judge, the State of West Bengal has preferred the instant Appeal on the grounds made out in the Memo of Appeal. 4. THE point for determination here before us is how the learned Trial judge was justified in disposing of the relevant Writ Application, the way he did. It appears from the materials on record that prior to his direct appointment as Additional District Inspector of Schools on 15th June, 1978 the Respondent had worked as Sub Inspector of Schools. In 1965, while working as Sub Inspector, he was appointed to the post of Deputy assistant inspector of Schools with effect from 1st July. 1965. He was thereafter appointed as Assistant Secretary to the West Bengal Council of higher Secondary Education with effect from 28th of May 1973, where he had worked till 6th of January 1976. He was subsequently promoted to the post of Assistant Inspector of Schools with effect from 7th of January, 1976. While he was working as Assistant Inspector of Schools, the government had issued an advertisement in the Newspaper inviting applications for direct appointment to the post of Additional District inspector of Schools. He had submitted an application for the said post, and was selected for the same through the Public Service Commission in 1977 He was directly appointed to the said post of Additional District inspector of Schools, 24-Parganas, by Order dated 15th of June, 1978. He had submitted an application for the said post, and was selected for the same through the Public Service Commission in 1977 He was directly appointed to the said post of Additional District inspector of Schools, 24-Parganas, by Order dated 15th of June, 1978. As already indicated above, he was thereafter posted as District Inspector of schools Darjeeling in 1979. And, in March 1980, he was transferred and posted as District Inspector of Schools of 24-Parganas (South), where he worked upto 30th November, 1986, till he attained the age of 58 years. In view of his aforesaid direct appointment afresh to the post of Additional district Inspector of Schools by Order dated 15th June 1979 his prior appointments as Sub-Inspector, Deputy Assistant Inspector of Schools. Assistant Secretary to the West Bengal Council of Higher Secondary education. and Assistant Inspector of Schools, as stated above, would have little bearing on his said appointment and posting as Additional District inspector of Schools and District Inspector of Schools prior to his retirement, since he was, evidently and undeniably, directly appointed afresh as Additional District Inspector of Schools with effect from 15th of June 1978 in the circumstances indicated above, and net promoted to those posts from his said earlier posts, 5. IT Is contended by the Appellant-State that the Respondent was never in the Teaching Wing of the Education Department of the Government of west Bengal. He was appointed as a direct recruit to the post of the additional District Inspector of School in the year 1978, being selected through file Public Senior Commission in 1977 and he was never brought to the Inspection Wing of the Education Department of the State government by transfer or deputation from any Teaching post of any school, lie had never acted as a Teacher of any Government or non government School during the entire period of his service "career, either by way of transfer or on deputation. Prior to his superannuation, he held the post of District Inspector of Schools. 24-Parganas (South The Respondent had also accepted his superannuation without any objection; and had, admittedly, retired from the service on 30th November 1986 on his attaining the age of 58 years, and had made over charge of his office to Sri b. N. Sharma. District Inspector of Schools (Primary Education) 24-Parganas (South He had also received part of his retirement benefits on his retirement. District Inspector of Schools (Primary Education) 24-Parganas (South He had also received part of his retirement benefits on his retirement. He had filed the relevant writ petition sometime in March 1988, being inspired by an Order of a Division Bench of this Court holding that the retirement by the Government from 58 years to 60 years, the retirement of Assistant Inspectors of Schools should also be extended to 60 years. It has been asserted by the Appellant-State with more than usual clarity that there is no Teaching post corresponding to the post of District inspector of Schools, and the scale of pay of the District Inspector of schools is higher than that of Head Master and Assistant Head Master of schools. The question of interchangeability or inter transferability of district Inspector of Schools with any Teaching post could not clearly arise as such. 6. THE Respondent, as already indicated above, leans long and mainly and inevitably relies on the decision of a Division Bench of this Court in the State of West Bengal v. Gopal Ch. Pal. being F. M. A. T. No. 1283 of 1986, disposed of along with F. M. A. T. Nos. 1360 and 1361 of 1986 by a common judgment and Order dated 12th June, 1987, wherein in has been held that there are two Wings in the Education Department of the State of West Bengal, one Teaching and the ether Inspecting Wing. The Assistant inspectors of Schools and Assistant Head Masters/head Mistresses of government High Schools form one class, and are treated at par ; and it is an admitted position that the said posts are interchangeable. The Division bench had thus held therein that the superannuation age of the officers of the Inspecting Wing of the Education Department should also be raised to the age of 60 years, with option to continue upto 65 years, as the government had done in the case of persons of the Teaching Wing. It had been urged on behalf of the Respondent-Writ Petitioner, both before the court below and before us as well during the hearing of the Appeal, that his case is clearly covered by the aforesaid decision. It had been urged on behalf of the Respondent-Writ Petitioner, both before the court below and before us as well during the hearing of the Appeal, that his case is clearly covered by the aforesaid decision. Unhappily for him, his case, in our considered view, does not seem to be covered by the aforesaid decision of the Division Bench for the following reasons, amongst others :- a) In the aforesaid case before the division Bench it was an undisputed position that the posts of Assistant Inspectors of schools and Assistant Head Masters/head Mistresses form one class, who are treated at per, and the said posts are inter changeable. But in the case on hand before us, it is vehemently contended by the Appellant-State that there is no teaching post corresponding to the post of the District Inspector of Schools, whose scale of pay is higher than that of Head Master and assistant Head Master of Government High Schools ; and the post of District Inspector of Schools is not inter changeable/ inter transferable with the post of Head Master/assistant Head Master of Government High Schools ; b) The Respondent, it may be recalled, was directly appointed as additional District Inspector of Schools by an Order dated 15th June, 1978, being selected through the Public Service commission West Bengal in 1977, and was subsequently posted as District Inspector of Schools, Darjeeling, and thereafter at 24-Parganas (South. He was never transferred or deputed to those posts from any Teaching post. He had neither ever acted as a teacher while appointed as such. But in all the cases considered by the Division Bench in the aforesaid case, the persons concerned were either transferred or deputed from the Teaching post to the post of Inspection Wing and vice versa, and had also acted as Teachers. No Government Order could be shown by the respondent that the post of District Inspector of a Schools, with higher pay scale, is inter-changeable or inter-transferable with the post of Assistant Head Master/head Master/mistress or, for that matter, with any other teaching post. No such instance could either be cited by him before the Court during the hearing ; c) The Division Bench in the aforesaid case had held that the assistant Inspector of Schools and Assistant Head Master/head mistress form one class and are treated at par. and the posts are inter changeable. No such instance could either be cited by him before the Court during the hearing ; c) The Division Bench in the aforesaid case had held that the assistant Inspector of Schools and Assistant Head Master/head mistress form one class and are treated at par. and the posts are inter changeable. The Division Bench clearly did not hold that the district inspector of Schools and Assistant Head Master/head master/ head Mistress form one class, and arc treated at par. or that the said posts are inter changeable. The Division Beach did neither hold mat me post of District inspector of schools has any corresponding transferable teaching post in the Government High schools. The decision of the Division Bench in the said case clearly, therefore, is no authority in support of the claim of the writ Petitioner-Respondent. d) The Division Bench in the said case had observed that the State government had from time to time issued circulars/orders extending the age of retirement of Assistant Inspectors of Schools. But no such Government Order Circular could be presented before the Court in this case to show that the Government had ever extended the age of retirement of District Inspectors of schools from 58 years to 60 years, as claimed by the Respondent. In view of the discussions above, there could be little mistaking that the case of the Respondent is not covered by the decision of the Division bench in the aforesaid case. The facts of that case are also clearly distinguishable from the facts of the case on hand. The writ petitioners nos. 1 and 2 in the said case were the two Assistant Inspectors of Schools, and the Writ Petitioner no. 3 was the registered Society representing the assistant Inspectors of Schools serving under the Directorate of School education, Government of West Bengal. But the Writ Petitioner in the present case before us is the District Inspector of Schools, directly appointed as Additional District Inspector of Schools by Order dated 15th June, 1978, and not an Assistant Inspector of Schools. As already noted, it was the petitioners' contention in the said case that the Assistant inspectors of Schools and Assistant Head Masters/head Mistresses of govt. High Schools were always treated at par in the matter of recruitment as well as inter transferability, and salary, which was not controverted by the state by filing any affidavit-in-opposition. As already noted, it was the petitioners' contention in the said case that the Assistant inspectors of Schools and Assistant Head Masters/head Mistresses of govt. High Schools were always treated at par in the matter of recruitment as well as inter transferability, and salary, which was not controverted by the state by filing any affidavit-in-opposition. In the present case before us, it is specifically and emphatically contended by the Appellant-State that there is no Teaching post corresponding to the post of District Inspector of schools, whose pay scales is higher than that of Head Master/assistant head Master of govt. High Schools, and the question of inter transferability/inter-changability with my Teaching post could not clearly arise. In the aforesaid case, it was further contended by the Writ petitioners that the Assistant Inspectors of Schools and Assistant Head master/head Mistress of Govt. Schools form one class, which are inter transferable. But it, is disputed by the Appellant-State in the present case before is that the District Inspector of Schools and Assistant Head master/head Mistress of Govt. High Schools do not form one class, and the said posts are neither inter -transferable/interchangeable. The decision of the Division Bench in the aforesaid case of Gopal Ch. Pal too, heavily relied upon by the Respondent and also relied upon by the Learned Trial Judge in disposing of the Relevant Writ Application, clearly, therefore, does not seem to us to be applicable to the facts and circumstances of the present case before us. 7. AS against the aforesaid decision of the Division Bench of this Court relied upon by the Respondent, the learned Advocate for the Appellant state had referred us to the decision of the Supreme Court in State of madhya Pradesh v. Hari Dutt Sharma, 1993 Supp. (2) Supreme Court cases 192 wherein it has been held that even where under the statutory rules the Govt. treated a person initially appointed as a Teacher and subsequently promoted to an administrative post to be included within the definition of Teacher, the said equation is not applicable when a person was initially appointed as superintendent of a Govt. School and later prompted as Joint Director in the Education Department, and he will not be considered as a Teacher holding any teaching post, and would not be entitled be higher age of retirement at. School and later prompted as Joint Director in the Education Department, and he will not be considered as a Teacher holding any teaching post, and would not be entitled be higher age of retirement at. 60 years, prescribed for Teachers, in the aforesaid Case before the Supreme Court the Respondent was initially appointed as Superintendent, Deaf. Mute and Blind School, and later promoted as Joint Director in the Department. The Court held that the nature of duties required for the post of Superintendent was supervisory in nature, and not teaching. His initial appointment not being as a Teacher and his promotion also being a non-teaching Administrative post, he was not entitled to the higher age of retirement at 60. In the present case before us the Respondent was also initially directly appointed as an Additional district inspector of Schools by Order dated 15th June, 1978, being selected through the Public Service Commission in 1977. He was subsequently transferred and pasted as District Inspector of Schools, 24-Parganas (south) in March 1980, where he continued to work till his retirement on attaining the age of 58 years. The nature of duties of a district Inspector of Schools could not, by any stretch of imagination, be held to be teaching, but supervisory in nature. His initial appointment not being as a Teacher, and his subsequent transfer and posting as District inspector of Schools also being to non teaching Administrative post he would neither be entitled to the higher age of retirement at the age of 60 in terms of the aforesaid decision of the Supreme Court. The Respondent's case, in the facts and circumstances indicated above, seems to us to be covered more by aforesaid decision of the Supreme Court than that of the division Bench of this Court in Gopal Ch. Pal's Case (Supra. That being so, the Respondent, to our judgment, would not be entitled to the higher age of retirement at 60 years, as claimed by him filing the relevant Writ application. He clearly appears to us to have been rightly retired by the state Government on his attaining the age of 58 years, in the aforesaid facts and circumstances. 8. IT would also be pertinent to note tin this context that the Supreme court in Nand Kishore Nayak v. State of Orissa and Anr. 1991 Supp. He clearly appears to us to have been rightly retired by the state Government on his attaining the age of 58 years, in the aforesaid facts and circumstances. 8. IT would also be pertinent to note tin this context that the Supreme court in Nand Kishore Nayak v. State of Orissa and Anr. 1991 Supp. (2)Supreme Court Cases 698 has held that those who have accepted retirement at 58 years and did not resume service cannot claim payment for the two years period not actually served, though they might be entitled only to re-fixation of pension by extending the date of superannuation. In the present case before us as well the Respondent undeniably had accepted his retirement at 58 years without any objection, and had also made over charge of his office to Sri B. N. Sharma, District Inspector of schools (Primary Education) 24-Parganas (South), and had also received part of his retirement benefits therefore. In terms of the aforesaid decision of the Supreme Court, he would clearly not be entitled to the salary for the idle period as the concept is clearly to pay for work actually done. And for the reasons indicated above, he would neither be entitled to higher age of retirement at the age of 60 years, for such the same reasons, he would neither be entitled to re-fixation to pension by extending the date of his superannuation. A District Inspector of School, in the aforesaid facts and circumstances, would not. therefore, be entitled to higher age of retirement at 60 years, in view of the decision of the Supreme Court in the case of state of Madhya Pradesh v. Hari Dutt sharma (Supra. For much the same reasons, he would neither be entitled to re-fixation of pension by extending the dale of his superaunnuation. A District Inspector of Schools, in the aforesaid facts and circumstances, would not, therefore, be entitled to higher age of retirement at 60 years, or reification of pension by extending the date of his superannuation. The Writ Petition filed by the Respondent was accordingly, liable to be rejected for the reasons amply and appallingly made clear above. In view of the above order passed in the appeal, the cross-objection filed by the respondent/writ petitioner is dismissed. In the facts and circumstances of the matter, we direct the parties to bear their respective costs of this hearing.