CHANDAN ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition the petitioner has challenged refusal by the authority to grant him arrear salary in accordance with the post graduate scale of pay, which the petitioner claims to have already been allowed vide letter of the District Inspector of Schools (Secondary Education) Birbhum [in short â€"DIâ€-], dated July 23, 2014.

(2.) In short, the relevant facts leading to filing of this writ petition is that the petitioner was appointed as an assistant teacher of the respondent school in the subject Physical Education, on and from March 15,1999, in the category of a graduate teacher. He has later been confirmed in service as a pass graduate Physical Education teacher. Fact remains that even before entering into service the petitioner has concluded Master Degree course in the subject and obtained Master Degree in Physical Education. He initially moved this Court to seek relief that he may be granted post graduate scale of pay pursuant to his qualification. As per order of the Court, the DI has considered his prayer and allowed the petitioner the post graduate scale of pay, from the date of his confirmation in service, vide the letter as mentioned above.

(3.) It appears that since thereafter, that is after issuance of the letter dated July 23, 2014, by the DI, the petitioner has no grievance as regards salary paid to him. His dispute is with regard to the arrear salary, which he says has fallen due from March 26, 1999 to the month of July, 2014, in terms of the said letter of DI as mentioned above but not paid. The impugned order dated November 16, 2016, of the same office, that is the District Inspector of Schools (Secondary Education) Birbhum, is therefore the subject matter of challenge in this writ petition, as by dint of the same the DI has turned down the petitioner s claim for grant of arrear salary to him, in tune with the post graduate scale of pay for the period from March 26, 1999 to the month of July, 2014. Seeking grant thereof the petitioner moved this Court by filing the writ petition No. W.P. 21078(W) of 2015. The Court directed the respondent DI to consider the petitioner s prayer for arrear. A letter dated August 3, 2016 was also submitted subsequently by the writ petitioner before the said authority.