KARUNASIND HU MASANTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned advocate appearing for the parties.

(2.) In the instant case, the petitioner has assailed the order dated 26th November, 2002 issued under Memo No. 568/1 (S)-CC passed by the Director of School Education, West Bengal whereby and whereunder the pay fixation as was earlier done by the District Inspector of Schools (SE) Midnapore vide Memo No. 4774-S dated 22nd December, 1988 considering the petitioner's qualification as M.A. in Bengali and diploma in English education by fixing Rs. 625/- with effect from 1.4.81 was modified by fixing the admissible pay as Rs. 600/- with effect from 1.4.81 on interpreting the circular letter being Memo No. 171-Edn.(B) dated 15th May, 1984, the concerned memo formulating the guidelines to fix the pay scale on qualification diploma in English literature. It is submitted by the learned advocate for the petitioner that since the petitioner was deputed to undergo training in diploma in English literature at the Institute of English in Calcutta by appropriate resolution of the Managing Committee and the petitioner was allowed salary during the deputation period, the petitioner is legally entitled to get the appropriate increment for his diploma in English literature training. The learned advocate for the petitioner Mr. Roy Chowdhury has placed a document being the letter dated 8th January, 1980 issued by the Headmaster Pingboni High School addressed to the Director, Institute of English. The learned advocate for the petitioner further placed a resolution of the Managing Committee dated 3rd January, 1980 wherefrom it appears that the Managing Committee allowed the application of the petitioner praying deputation to undergo the said training. It appears further that the Managing Committee deputed the petitioner to undergo the said course with full salary for the deputed period. From the records it appears that the petitioner originally was appointed as an Assistant Teacher in Language Group. He was qualified with B.A. degree only. Subsequently the petitioner enhanced his qualification M.A. in Bengali as well as M.A. in Islamic History. At this juncture the petitioner was deputed to undergo the training of diploma in English literature, which is admitted from the documents of the Managing Committee as placed before this Court. Relevant documents dated 8th January, 1980 being the letter of the Headmaster is reproduced herein below :- Dt. 8.1.80 To The Director, Institute of English 119, Shyamaprasad Mukherjee Road Calcutta-26 Sub: D.E.L.T. Training at the Institute of Eng. in Cal. Sir, I have much pleasure to inform you that Sri Karunasindhu Masanta M.A.P.G.B.T. asstt. Teacher of my school is allowed to have the afore mentioned training in your institute. As per application of Sri Masanta, the Managing Committee in its meeting dated 3.1.80 adopted an unanimous resolution to depute him from 10th Jan.80 to 9th May, 80 with full pay and allowances as per G.A. rules. A copy of resolution Extract is attached herewith for your initiation and necessary action. Yours faithfully, Sd/- 8.1.80 Headmaster Pingboni High School P.O.-Pingboni, Midnapore

(3.) Let the original document as placed before this Court be kept with the record.