LAKSHMI DE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS writ application is filed by the petitioner for issuing a writ of mandamus commanding the respondent no.5 to approve scale of pay of the petitioner at Rs.5500-11325 and to fix the pay of the petitioner in the aforesaid scale as Assistant Teacher in Work Education in Manbhum Victoria Institution and payment of all arrears on the basis of the aforesaid scale of pay.

(2.) THE backdrop of this case in a nutshell is as under:- The petitioner participated in the selection process for appointment to the post of Assistant Teacher Work Education held by the West Bengal Regional School Service Commission, Western Region. The name of the petitioner was recommended by the West Bengal School Service Commission, Western Region against a vacancy of Assistant Teacher in Work Education in Manbhum Victoria Institution, district-Purulia (hereinafter referred to as the said school) at a graduate scale of pay of Rs.1420-3130. By virtue of a communication dated December 4, 1998 issued by the said school the petitioner was appointed against the above vacancy. The above appointment of the petitioner was approved by the respondent no.5 under his memo no.317(4) dated March 8, 1999.

(3.) THE learned counsel appearing for the petitioner relies upon the decisions of Ajay Jadhav Vs. Government of Goa, reported in AIR 2000 SC 451, The State of West Bengal Vs. Sauvik Ghosh & Ors. reported in 2008(1) CLJ(Cal) 810, Dibyandu Bhattacharya Vs. Steel Authority of India Ltd., reported in 2008(4) CHN 232 and Kashi Nath Bose Vs. State of West Bengal, reported in 2011(2) CHN (Cal) 536 in support of the above submissions.