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2024 Supreme(Cal) 836

RAI CHATTOPADHYAY
Paritosh Biswas – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Biswarup Biswas.
For the Respondents: Pinaki Dhole, Sayan Datta.

JUDGMENT :

RAI CHATTOPADHYAY, J.

1. The writ petitioner was initially appointed as an Assistant Teacher in Physical Education, in the school namely ‘Sankhari Bansberia High School’ at Barabhum, Purulia. His appointment letter is dated 24/04/2006 and his date of joining is 05/05/2006. He has been granted approval vide letter of the respondent No. 4 dated 10/08/2006. Petitioner’s prayer for grant of higher scale of pay in terms of his post graduate qualification with effect from his date of joining, that is, 05/05/2006, was allowed by the managing committee of the school. Accordingly the respondent No. 4 was moved on this by sending the file to its good office by the school authorities. Allegedly the said respondent did not take any steps, in terms of the recommendation of the school authorities, for grant of higher scale of pay to the petitioner.

2. As a result a writ petition was filed [being WP No. 6547 of 2006] in which the following order dated 21/12/2012 was passed:

    “On the basis of the ratio as laid down by this Court, the decision of the District Inspector of Schools in rejecting the claim of the petitioner for higher scale of pay admissible to a master degree holder is not susta

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