PARTHA SARATHI DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let affidavit-of-service be kept on record. Since a point of law is required to be decided on the basis of the facts and circumstances disclosed in this writ application/this matter is take up for hearing.

(2.) This writ application is directed against an order passed by the respondent No. 3 under his Memo No. 120/1(4)/L.S./PrI. dated December 11, 2013. By virtue of the impugned order the claim of the petitioner for extending the benefit of post-graduate scale of pay was rejected by the respondent No. 3 on the following grounds:

(3.) Admittedly, the petitioner had obtained post-graduate scale of pay before the West Bengal Schools (Control of Expenditure) Act, 2005 came into force. Needless to point out that the Government Order No. 593-SE(B) dated November 27, 2007 was issued in exercise of power conferred to the respondent authority under the provisions of sub-section (3) of section 14 of the above Act.