BARUN KUMAR SASMAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let affidavit of service filed by the petitioner be kept on record. This writ application is filed by the petitioner assailing an order passed by the respondent No. 3 under his Memo No. 275/4(5)/LS dated July 21, 2006.

(2.) This matter has a chequered history. The appointment of the petitioner in the post of Assistant Teacher of Hemnagar Hem Chandra Smriti Vidyamandir (High School), District Howrah, was approved by the respondent No. 3 with effect from October 3, 1997 recording his academic qualification as B.Sc. (Hons. in Zoology), B.Ed. Though at that point of time the petitioner was in possession of M.Sc. Degree in Zoology but the same was not taken into consideration by the authority because the concerned employment exchange forwarded the name of the petitioner with academic qualification of B.Sc. (Hons. in Zoology), B.Ed. After introduction of Revision of Pay and Allowances, 1998 the petitioner prayed for extending the benefit of postgraduate scale of pay in his favour in terms of the provision of sub-paragraph (3) of Paragraph 12 of Revision of Pay and Allowances.

(3.) Due to the inaction on the part of the respondent No. 3 the petitioner filed an application under Article 226 of the Constitution of India in the matter of Barun Kumar Sasmal v. The State of West Bengal & Ors. (In Re. W.P. No. 4504 (W) of 2006) and the above writ application was disposed of on April 28, 2006 with a direction upon the respondent No. 3 to take a decision in the above matter. In compliance of the above order, the respondent No. 3 rejected the claim of the petitioner by passing the impugned order on the ground that the above benefit was not payable to the petitioner in terms of WB/CPS/K 89 (Part I) 2005 and CO. No. 1959-SE(S) dated December 26, 2005.