MD ISMAIL MOLLAH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is filed by the petitioner assailing an order passed by the respondent No. 3 under his Memo No. 125/1(4)/Law dated November 23, 2012. The impugned order was passed in compliance of an order dated July 23, 2012 passed in the matter of Md. Ismail Mollah vs. The State of West Bengal & Ors. (In Re: W.P. No. 5484 (W) of 2012). By virtue of the impugned order the prayer of the petitioner for extending the benefit of postgraduate scale of pay in connection with his service as an Assistant Teacher of Noorpur Panchanan Paik Smriti Vidyalaya, District North 24-Parganas was rejected on the following grounds:

(2.) Taking into consideration the order of approval of the above service of the petitioner, I find that he was appointed in the above post after obtaining B.Sc.(Hons.) degree in mathematics and B.Ed. It also appears from the materials on record that the prayer of the petitioner for giving prior permission for enrolment of his name in the above post was forwarded by the authority of the school to the respondent No. 3 with a forwarding letter dated August 24, 2005.

(3.) In view of the settled proposition of law as decided by a Division Bench of this Court by a judgment delivered on October 16, 2012 in the matter of Asim Kumar Adgiri Vs. State of West Bengal & Ors. (In re: M.A.T. 1459 of 2012) and the relevant portions of the above decision are set out below: