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2009 Supreme(Cal) 341

S.P.TALUKDAR
Maleka Khatun – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
Biswarup Biswas for the petitioner
Bhudeb Bhattacharjee for the State

JUDGMENT

1. The grievance of the writ petitioner relates to alleged indifference to inaction on the part of the respondent-authority in granting higher pay scale for her acquiring higher qualification. This matter was taken up on 7th April, 2009. In response to submission made on behalf of the State-respondents, Mr. Bhattacharya, was requested to take further instruction. Mr. Bhattacharya submits that so far his instruction goes, the fate of the decision of this Court in connection with various cases would largely depend upon the disposal of the pending applications before the Apex Court. According to Mr. Bhattacharya, the same relates to the recent amendment of the relevant Act and enactment of West Bengal School Service Commission (Amendment) Act, 2009 and West Bengal Schools (Control of Expenditure Act of 2005. The learned Counsel for the petitioner being emboldened with another Single Bench of this decision in the case of Santanu Saha vs. State or West Bengal, reported in 2009 (1) CLJ Calcutta 639, submits that the authorities cannot deny the higher pay scale only on the ground that no prior permission was obtained for acquiring the same. In the earlier order dated 7th April, 2






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