KALYAN KUMAR GHOSH Vs. STATE

JUDGEMENT

(1.) Let the affidavit-of-service be kept on record. This writ application is directed against an order passed by the respondent No. 3 under his memo No. 146/(5)/Law dated May 20, 2013. By virtue of the impugned order, the, claim of the petitioner for extending the benefit of postgraduate scale of pay was rejected by the respondent No. 3 in connection with his services as an assistant teacher of Kidderpore Academy, Kolkata in Science Group. The petitioner obtained M.Sc. degree in mathematics. The last date of M.Sc. Part-II Examination being May 26, 2005. The above M.Sc. degree in mathematics was issued on December 24, 2005 (at page 40 of the writ application). For examining the decision making process of the respondent No. 3 in rejecting the claim of the petitioner, the operative part of the impugned order is quoted below:--

(2.) In an another judgment in MAT 568 of 2007, the Hon'ble Division Bench, Calcutta High Court was pleased to opine that the provision in section 16 would not be applicable to aid the claim of the petitioner as by virtue of section 20 of the 2005 Act the circulars and orders existing previously stand abrogated. That being the position of law, the petitioner would not be entitled to claim higher scale of pay.

(3.) After considering the certificate issued to the petitioner for obtaining M.Sc. degree in mathematics, I find that there is an error in finding a fact on the part of the respondent No. 3. The petitioner did not pass the final M.Sc. examination in the year 2006. So far as the point of law is concerned, it is not in dispute that the West Bengal Schools (Control of Expenditure) Act, 2005 came into force from December 26, 2005. Therefore, this is an admitted position that the above Act having no retrospective effect, it had no manner of application so far as the claim of the petitioner was concerned. The petitioner obtained the above degree prior to the promulgation of the above Act.