Mandira Banerjee Chatterjee v. State Of West Bengal & ORS
15.05.2024 SL No.431 Court No.25 Ali WPA 2077 of 2020 Mandira Banerjee Chatterjee
Versus
The State of West Bengal & Ors.
Ms. Debjani Sengupta, Mr. Abhijit Chatterjee, Ms. Jonaki Khan, Ms. Koyel Bag, Ms. S. Haque.
...for the petitioner.
Notice upon respondents by petitioner be kept in the record.
In spite of service of notice none represent the respondents. No accommodation has been sought for.
Accordingly, the matter is taken up for hearing.
The present petitioner is the Assistant Teacher in Calcutta Deaf & Dumb School at 293, Acharya Prafulla Chandra Road Kolkata-700 009. It is the case of the present petitioner that she joined in the said school on 15th October, 2007 with qualification M.A. in Bengali. As her Scale of Pay is not commensurate with the master degree, she made two representations to the Principal and Directorate Department, Government of West Bengal dated 02.08.2018 and 08.08.2018 respectively for granting Higher Scale of Pay in her favour.
Her representations were turned down by the Authority by a cryptic order darted 4th October, 2018. By challenging such cryptic order the instant writ petitioner was filed. It is the further case of the present petitioner that she also made a detailed representation regarding the ground which can entitle her to have a Post Graduate Scale of Pay to the concerned Authority on 18th January, 2019. The Authority till today did not respond the petitioner. Thus, the instant writ petition was filed requiring direction of Authority concerned to grant Higher Scale of Pay in favour of the petitioner.
Heard the learned advocate for the petitioner perused the representation made by the petitioner annexed with the writ petition as annexure (P-20). During argument, Notification Government of West Bengal vide G.O. No. 1102 dated 13th December, 1996 is referred by the petitioner for consideration.
I have heard the learned advocate for the petitioner perused the prayer of the instant writ petitioner it appears to me that by virtue of Notification No. 1102 dated 13th December, 1996 (Annexure P-6), the trained M.A., M.sc, M. Com & Hons. Graduate Teachers of the Calcutta Deaf & Dum School were entitled to draw pay in the Scale of Higher qualification with effect from 1st April, 1996.
The said Notification appears to be not considered by the concerned Authority.
None represent the concerned Authority at the time of hearing.
Considering the facts and circumstances of this case and considering the Notification as mentioned above, it appears to me that the prayer of the present petitioner is justifiable in the eye of law. However, concerned Authority has not responded the present petitioner in respect of her representation dated 18th January, 2019.
Thus, at this situation, the instant writ petition is disposed of with a direction upon the Directorate Department, Government of West Bengal being the respondent No. 2, to consider the representation of the present petitioner annexed as (Annexure P-20) of the instant writ petition dated 18.01.2019 and pass a reasoned order in accordance with law within a period of eight (8) weeks from the date of receipt of this order by giving an opportunity to the petitioner of being heard.
The concerned authority shall pass a reasoned decision within a stipulated period and shall inform the decision to the petitioner within two weeks thereafter.
Accordingly, the impugned order dated 4.10.2018 passed by the Principal, Directorate of
Department, Government of West Bengal, in response to the representation of the present petitioner is hereby set aside.
The respondent authority is at liberty to take a fresh decision on considering all attending facts and circumstances, Notification and according to 1law.
Accordingly, the instant WPA 2077 of 2020 is disposed of.
Connected applications, if pending are also disposed of.
Parties to act upon the server copy and urgent certified copy of this order be provided on usual terms and conditions.
(Subhendu Samanta, J.)