SAMIR KUMAR GHOSH Vs. STATE

JUDGEMENT

(1.) This writ application is filed praying fixation of the basic pay scale at Rs. 2,600/- instead of Rs. 2,280/- as was being paid in the year 1994 to the petitioner along with the other prayers as mentioned thereto, in prayers "a" to "f" which are given below :-

(2.) By the decision dated 17th September, 1982, service of the writ petitioner was approved with effect from 1st April, 1981 in the post of Assistant Teacher of Bhatpara Amar Krishna Pathsala, High School (hereinafter referred to as the concerned school) by the Additional District Inspector of Schools (SE), 24-Parganas. Petitioner was selected in the W.B.C.S. Examination, 1985 and got assignment in the post of W.B.S. I.R.S.-Grade-I. He was directed to undergo in-service training. He joined on 9.3.1987, subsequently, tendered his resignation with effect from 21st April, 1987 and the same was accepted by the order dated 3rd December, 1990 by the Secretary, Board of Revenue, West Bengal on the basis of the application dated 14th September, 1990. Petitioner was not granted any permission by school authority to join this post of State Government. On 18th April, 1987 the petitioner submitted an application to the Secretary of the concerned school praying to join in the previous post with effect from 21st April, 1987. In this letter dated 21st April, 1987 appearing at page 27 of the writ application, the petitioner contended as follows:-

(3.) On the basis of the said letter dated 18th April,1987, Secretary of the concerned school allowed joining of the petitioner at initial stage of pay-scale, by the decision dated 18th April, 1987. Petitioner agreed to such as it appears from the endorsement with date 21st April, 1987 in the said letter.