Kazi Abu Moynuddin v. State Of West Bengal And ORS.

Item No. 44 In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side 10.05.2022 Ct-24 WPA 6169 of 2022 Kazi Abu Moynuddin v.

The State of West Bengal & Ors.

Mr. Sufi Masih Aftab ... for the petitioner.

The petitioner seeks higher scale of pay on account of his enhancement of qualification in the relevant subject.

The petitioner made a representation before the District Inspector of Schools (S.E.), Burdwan through his learned advocate on February 13, 2018. The petitioner thereafter made a further representation in the year 2021 and alleges that none of the representations have been considered by the respondent authority till date. As it appears that the prayer of the petitioner for grant of higher scale of pay is pending consideration at the end of the respondent authorities, no useful purpose will be served by keeping the writ petition pending. Accordingly, the writ petition is disposed of by directing the respondent no. 3 being the Secretary, West Bengal Board of Madrasah Education to consider the representations filed by the petitioner in accordance with

law, at the earliest, but positively within a period of eight weeks from the date of communication of a copy of this order.

The respondents shall pass a reasoned order and communicate the same to the petitioner immediately thereafter.

It is made clear that this Court has not entered into the merits of the claim of the petitioner and all points are left open to be decided by the said respondent at the time of consideration of the representations filed by the petitioner.

The petitioner is directed to forward the copies of the representations dated February 13, 2018 and November 8, 2021 along with all documents in support of his claim for higher scale of pay to the aforesaid respondent at the time of communicating the order of this Court.

The writ petition stands disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties after completion of all legal formalities.

Sh (Amrita Sinha, J.)