RAGHUNATH MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ, application is directed against an order dated April 10, 2012 passed by the respondent No. 3. By the impugned order the respondent No. 3 rejected the claim of the petitioner for granting post-graduate scale of pay in his favour in connection with his service as an assistant teacher in Social Science group (in History) of Ariapara High School H.S.), district South 24-Parganas. The appointment of the petitioner was approved by an order dated March 11, 1998 with effect from November 3, 1997 in the, post of Assistant Teacher with academic qualification of B.A.-Honors in History, B.Ed. At the time of appointment the petitioner possessed the qualification of Master degree in History. The above qualification was also recorded in the Employment Exchange card issued in favour of the petitioner. The name of the petitioner was sponsored by the concerned Employment Exchange for participating in the selection process for the post in question.

(2.) Since the prayer of the petitioner for granting post-graduate scale of pay was not considered by the respondent authorities, he filed an application under Article 226 of the Constitution of India and the same was disposed of by an order dated February 1, 2012 passed in the matter of Raghunath Mondal vs. The State of W. Ben. & Ors. (In Re: W.P. 8231 (W) of 2010). In compliance of the above order, the impugned order was passed.

(3.) Having heard the learned Counsel appearing for the respective parties as well as after considering the facts and circumstances of this case, I find that the claim of the petitioner was rejected by the respondent No. 3 taking recourse to a departmental circular issued under Memo. No. 670-SE(S)/IM-14/98 dated September 4, 1998. According to the respondent No. 3, the staff pattern of the school under reference did not permit the appointment of assistant teacher in Social Science more than one. According to him, one assistant teacher in Social Science group with post-graduate qualification was already discharging the function of assistant teacher in Social Science in the school in question.