ASISH RANJAN MIDYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ON 16th June 1997, the writ petitioner was appointed in the post of Assistant Teacher in language Group at Kismat Naikundi Gram Panchayat Junior High School, District Purba Medinipur, now upgraded to High School. His such appointment was duly approved by the respondent no. 3 and he is teaching English.

(2.) IT is the case of the writ petitioner that he joined the said post on June 16, 1997 possessing a degree of Bachelor of Arts. However, from before joining the school he was pursuing a course of M.A. in Bengali and appeared in the examination held from April 21, 1997 to May 3, 1997. Thereafter, the result was published on August 11, 1997 and he was declared successful. It is his further case that after he improved his qualification as aforesaid, the school authority was informed and he was at once allotted classes for teaching Bengali in different classes, in addition to English. Since then he has been regularly taking the classes both in English and Bengali. It is submitted after having acquired master degree in Bengali, the writ petitioner moved the Managing Committee of the school for higher scale of pay. In its meeting held on January 13, 2001, the Managing Committee of the School took a resolution and on 16th of January, 2001 recommended his claim along with all relevant papers to the respondent no. 3 for his approval. Subsequently, the writ petitioner has come to learn that the respondent no. 3 under his office memo no. 744 -S dated June 23, 2004 called upon the teacher -in -charge of the said school, the respondent no. 5 herein, to submit a report under what circumstances writ petitioner s claim for higher pay scale arose but it is not known to him whether such query has been replied or not but till date he is not getting any benefit of higher scale.

(3.) IT is then contended in terms of the Government Circular No. 57 -SE(S) dated 27.01.1995 read with Sub - Rule (3) of Revision of Pay and Allowances 1990 relating to Carrier Advancement Scheme having regard to the facts the petitioner has improved his qualification and acquired a post graduate degree, he is therefore entitled to higher scale of pay. It is then added this inaction on the part of the respondent authority to consider the case and keeping it pending for indefinite period amounts to refusal of his prayer although he is otherwise eligible to the same and therefore this application be allowed and the respondent authorities be directed to grant the writ petitioner a higher scale of pay commensurate with his improved qualification.