(1.) NONE appears on behalf of the respondents when the matter is called on. No accommodation is prayed for.
(2.) ON January 18, 2013 also none appeared on behalf of the respondents. In order to give them one more chance the hearing of this matter was adjourned on that date.
(3.) IT appears from the materials on record that the service of the petitioner as an Assistant Teacher of the school under reference was approved by the respondent No.3 with effect from August 11,1976. The petitioner obtained Master Degree in relevant subject in the year 1984. The benefit of higher scale of pay was provisionally extended to the petitioner with effect from May 1, 1984 by virtue of an order passed by the Additional District Inspector of Schools (SE) under his Memo No.6387 -S dated June 3, 1989. Subsequently the above benefit was withdrawn by the respondent No.3 with a direction for recovery of the amount paid to the petitioner. The above order was challenged by the petitioner by way of filing an application under Article 226 of the Constitution of India in the matter of Suprakas Sahu v. The State of West Bengal & Ors. (In Re: W.P. No. 9312 (W) of 2012) and the above writ application was disposed of June 22, 2012. The relevant portions of the above decision are quoted below :