WRIT PETITION None on 3 November 2006

15.03.2023

13

AN/Ct. No.07

WPA 6578 of 2014

Shyamal Kumar Sen versus State of West Bengal & ors.

Mr. Debabrata Roy Ms. Karabi Roy

Mr. Soumik Mondal Ms. Sarbani Mukhopadhyay Mr. Soura Sarkar … for the petitioner Mr. N. Ghosh Dastidar … for the State As prayed for by Mr. Roy, learned counsel for thepetitioner leave is granted to the petitioner to add DistrictInspector of Schools (S.E.), Purba Burdwan as a partyrespondent to the instant writ petition as it has beensubmitted by Mr. Roy that the said D.I. is the concernedauthority to decide the issue.

The petitioner has prayed for a writ in the nature ofmandamus commanding the respondents to refix his scaleof pay with effect from May 29, 2003 and for releasing allarrear salary together with interest and otherconsequential benefits till October 15, 2007.

The petitioner was appointed as an AssistantTeacher in Geography at Katwa R. K. Vidyapith underPost-graduate or Honors Degree holder category. Hisappointment was approved with effect from March 17,

2001. The petitioner claims to have obtained his post-graduate degree in Geography and thereafter appliedbefore the School Authorities for higher scale of pay andthe School forwarded such prayer of the petitioner to theDistrict Inspector of Schools (S.E.), Burdwan (at presentDistrict Inspector of Schools (S.E.), Purba Burdwan) by aletter dated November 3, 2006. A copy of the resolution ofthe Managing Committee of the School recommendinghigher scale of pay (M.A. Scale) was also forwardedalongwith the said letter.

Mr. Roy, learned counsel for the petitioner submitsthat the petitioner is entitled to the post-graduate scale ofpay with effect from May 29, 2003 but no decision has yetbeen taken by the District Inspector of Schools in thatregard. Mr. Roy further submits that in the meantime thepetitioner has joined as an Assistant Teacher at NabadwipHindu School, Nabadwip on the basis of his post-graduatequalification and he started getting the post-graduate scaleof pay since October 16, 2007. Since the prayer for higherscale of pay is pending for consideration before theDistrict Inspector of Schools (S.E.), Burdwan, this Court isof the considered view that interest of justice would besub-served, if a direction is passed upon the concernedrespondent authorities to dispose of the prayer of thepetitioner for higher scale of pay by a reasoned orderwithin a stipulated time frame.

Accordingly, the instant writ petition standsdisposed of by directing the District Inspector of Schools(S.E.), Purba Burdwan to consider the prayer for higherscale of pay which was forwarded by the School Authorityto the District Inspector of Schools (S.E.), Burdwan byletter dated March 3, 2006 and to dispose of the same bypassing a reasoned order after giving an opportunity ofhearing to the petitioner or his authorized representativeand to communicate such decision. The entire exerciseshall be completed within a period of 8 weeks from thedate of communication of this order. Since the prayer forhigher scale of pay was made as far back in the month ofNovember, 2006 and the same was forwarded to theDistrict Inspector of Schools (S.E.), Burdwan, thepetitioner shall be obliged to submit a copy of the letterdated November 3, 2006 and other documents inconnection thereto alongwith the copy of this order to theDistrict Inspector of Schools (S.E.), Purba Burdwan. Thepetitioner will be at liberty to place reliance upon anynotification, government orders, judgments and orders onthe issue to support of his contention at the time ofhearing.

There will be, however, no order as to costs.

Urgent certified photostat copy of this order, ifapplied for, shall be given to the parties as expeditiously aspossible on compliance of all necessary formalities.

(Hiranmay Bhattacharyya, J.)