LAWS(CAL)-2013-6-109

SANJIB CHATTERJEE Vs. STATE & ORS.

Decided On June 26, 2013
SANJIB CHATTERJEE Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) None appears on behalf of the respondents when the matter is called on. No accommodation is prayed for. Let the affidavit of service be kept on record. This writ application is directed against the alleged arbitrary and illegal action on the part of the respondent authority in fixing the scale of pay of the petitioner at 4500-9700/- at the time of appointment of the petitioner to the post of an assistant teacher of "Work Education" in Bandhgora Kalikrishna Vidyalaya, District Birbhum.

(2.) The appointment of the petitioner to the above post was approved by the respondent No. 4 with effect from March 31, 2001 under his memo No. 1683 dated June 13, 2001 recording the academic qualification of the petitioner as M.Sc. (Agriculture) in Agricultural Extension, Ph. D. At that point of time, the scale of pay of the petitioner was fixed in Scale No. 7(1) at 4500-9700 prescribed for Teaching and Non-Teaching Staff of the Recognized Aided Non-Government Educational Institution under memo No. 25-SE(B)/IM-102/98 dated February 19, 1999 (hereinafter referred to as ROPA 1998).

(3.) The petitioner submitted a representation to the managing committee of the school under reference for fixing his scale of pay No. 6 of ROPA 1998 at 4650-10175. The managing committee of the school under reference adopted a resolution in favour of the petitioner on January 12, 2004 and it was forwarded to the respondent No. 4 on February 13, 2004 (at pages 57 and 59 of the writ application respectively). But the respondent No. 4 did not pay any heed to the same.