PARAMA SARDAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject matter of challenge in the instant writ application is an order dated 3rd July, 2010 passed by the respondent no.1 as contained in the memorandum dated 6th July, 2010.

(2.) Mr. Sen, learned advocate appearing for the petitioner submits that the writ petitioner was appointed to the post of Assistant Teacher in Geography at Bikram Nagar Haranath Niroda Sundari Ghosh Vidyamandir (H.S.) (hereinafter referred to as the said School), after the emerging to be successful in the selection process conducted on the basis of the prior permission memorandum dated 2nd April, 1997 issued by the respondent no.3. Such appointment of the petitioner was duly approved by the respondent no.3 vide memorandum dated 9th December, 1997 and he was granted the graduate scale of pay. Though the petitioner disclosed his qualification to be Bachelor of Arts (Hons.) in Geography he was erroneously granted the graduate scale of pay. Pointing out such irregularities, the petitioner approached the school authorities and upon consideration of the petitioner's claim, the school authorities recommended towards grant of Honours Scale of pay to the petitioner and subsequent thereto, the petitioner was duly placed in the Honours Scale of pay and was granted the consequential benefits by the competent authority.

(3.) Mr. Sen further contends that the petitioner was granted the Honours Scale of pay on and from the year 1999 till February, 2005 and in support of such contention, Mr. Sen drew the attention of this Court to the Acquittance Roll at pages 76 and 78 of the writ application. Mr. Sen also draws attention of this Court to page 77 of the writ application and submits that from the said annexure it would be explicit that the grant of Honours Scale of pay in favour of the petitioner stood admitted by the respondent no.3. Surprisingly thereafter, the grant of Honours Scale of pay to the petitioner was discontinued with effect from March, 2005 without any grant of opportunity of hearing and aggrieved by such action of the respondents, the petitioner approached this Court through a writ application being W.P. No.6173 (W) of 2008 and the same was disposed of by an order dated 8th February, 2010 and pursuant to such order the respondent no.2 pass the impugned order which had been challenged in the instant writ application. Mr. Sen draws the attention of this Court to the order dated 8th February, 2010 passed in W.P. No.6173 (W) of 2008 and submits that the matter was relegated to the respondent no.2 and the consideration was restricted to ascertainment of the fact as to whether the petitioner disclosed her Honours qualification at the time of application for appointment to the concerned post. The Court further observed that if the respondent no.2 arrives at a finding that such disclosure was made by the petitioner, her Honours Scale of pay should be restored and all arrears should be paid.