GOURANGA HALDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY the present writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondents to grant the appropriate scale of pay of Rs. 4,000 - 8,850/- with effect from the date of his joining to the post of Stenographer in Nadia District Primary School Council and also to pay arrear salaries and allowances with interest thereon, a writ in the nature of Mandamus commanding the respondents to allow him to enjoy the said scale with effect from the date of his joining to the post of English Stenographer without any condition and stipulation and for other reliefs.

(2.) THE case of the petitioner inter alia is that the post of the Stenographer in the office of the Nadia District Primary School Council (hereinafter referred to as the 'said Council') fell vacant. When the said Council initiated the recruitment process the concerned district employment exchange sponsored the name of the petitioner. The petitioner participated in the recruitment process and was issued an appointment letter by the said Council. Subsequently the appointment letter was taken back and a fresh letter of appointment was issued on September 16, 2002 which showed that the petitioner was appointed to the post of Stenographer with pay and allowances as admissible under the rules. He joined and his service was confirmed with effect from September 20, 2003.

(3.) THEREAFTER , the Chairman of the said Council issued a letter on September 24, 2003 to the Director of School Education, West Bengal (Primary Branch) expressing his view to the effect that a Stenographer having a requisite qualification should not be deprived of getting the higher scale of pay. He has solicited the instruction of the Director of School Education to extend the benefit of the higher scale of pay to the petitioner. This letter was not responded to. The petitioner wrote a letter to the Chairman of the said Council requesting him to make necessary arrangement for the grant of actual scale of pay. By a letter dated February 20, 2004 the Director of School Education requested the Principal Secretary, Government of West Bengal, School Education Department for modification of the Government Order dated November 1, 1971. The Assistant Secretary wrote a letter dated November 22, 2004 to the Chairman of the said Council that the higher scale of pay of the petitioner was under consideration in the School Education Department. The said Council was also requested to furnish papers as indicated therein. In spite of the Council's forwarding all the necessary papers no result was forthcoming.