PROMIT KUMAR CHOUDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Challenge in this writ petition is against an order passed by the Director of Mass Education Extension, West Bengal by which the petitioner's representation seeking higher scale of pay was rejected.

(2.) Background facts giving rise to the writ petition may succinctly be stated as follows:

(3.) In their affidavit-in-opposition, the answering respondent nos. 2 and 3 namely, Director, Mass Education Extension and the District Mass Education Extension Officer, Kolkata state that the petitioner was appointed as the Accountant of the School following the recruitment process in the unrevised scale of pay of Rs.1040.001920/- corresponding to revised pay of Rs.3350.006325/-. Long after the approval of his service, the petitioner prayed for higher scale of pay of Rs.4000.008850/-. The pay and allowances of the petitioner and other employees of the school are governed by the Government Order bearing no. 531-Edn (MEE) dtd. 30/3/1999 (Revision of Pay and Allowances Rules, 1998). This Rule came into force notionally with effect from 1/1/1996 and actually from 1/4/1997. When the petitioner joined the school on18/1/1999, then the Government Order dtd. 30/3/1999 was in force and his pay and allowances were governed only by the State Government order in concurrence with the Finance Department order dtd. 30/3/1999. Excepting the aforesaid scale of pay, no other scale as per the said order dtd. 30/3/1999 is prescribed for the post of Accountant. As per Clause 10(1) of the West Bengal Rules of Business, no department shall, without previous consultation with the Finance Department, pass any order which either immediately or by its repercussion, will affect the finance of the State. Referring the G.O. dtd. 30/3/1999 and Clause 10(1) of the West Bengal Rules of Business, the representation of the petitioner seeking higher scale of pay was rejected. Emphasising that the order as impugned was passed justly, these answering respondents disputing the averments as made in the writ application submit that the writ application is liable to be dismissed with costs.