Hafizuddin v. State Of West Bengal & ORS

Dl.

17.

February 19, 2021 Through Video Conference W.P. 545 (W) of 2019 Mr. Golam Mastafa, Mr. T. S. Samanta, ...for the petitioner.

Mr. Supriyo Chattopadhyay, Mr. Sabyasachi Mondal, ...for the State respondents.

The affidavit of service filed on behalf of the petitioner in court today is taken on record.

The writ petitioner is an assistant teacher in Arabic, appointed in the said post with effect from July 11, 2011 and was sanctioned pass graduate scale of pay considering his educational qualification he was possessing at the time of his appointment and the recommendation issued by the West Bengal School Service Commission. It is the case of the writ petitioner that at the time of his appointment as an assistant teacher, he was undergoing higher course of studies, that is, M.A. in Arabic. On completion of higher course of study and conferment of Post Graduate degree, he approached the District Inspector of Schools (Secondary Education), Uttar Dinajpur, for sanction of post graduate scale of pay, which is at page 27 of the writ petition, wherefrom it appears that such approach was made by the writ petitioner by letter dated October 25, 2018.

The grievance of the writ petitioner as ventilated in this writ petition is that the said representation is still lying pending

before the concerned District Inspector of Schools and no effective steps have yet been taken for considering the entitlement of the writ petitioner to enjoy post graduate scale of pay. Considering the case made out by the writ petitioner, the District Inspector of Schools (Secondary Education), Uttar Dinajpur, is directed to consider and dispose of the representation of the writ petitioner dated October 25, 2018, being Annexure P-6 to the writ petition, within a period of eight weeks from the date of communication of this order, after giving opportunities of hearing to the writ petitioner as well as the school authority of Kapasia A.M. High School (H.S.), Uttar Dinajpur, by passing a reasoned order thereon. The concerned District Inspector of Schools is further directed to communicate his decision, to be taken in terms of the above direction, within a period of two weeks from the date of taking such decision.

With the aforesaid directions, the writ petition is disposed of without, however, any order as to costs. Photostat certified copy of this order, if applied for, will be made available to the applicant within a week from the date of putting in the requisites.

( Saugata Bhattacharyya, J. ) dns