Sudip Sikdar v. State Of West Bengal And ORS.

07.05.2024 (M/L 44) Ct.-18 (Susanta)

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION W.P.A. 9973 of 2024 Sudip Sikder Vs.

The State of West Bengal & Ors.

Mr. Kaustubh Chandra Das Sk. Sahjahan Ali ... For the petitioner.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The petitioner is an approved Assistant Teacher at Tantipara Nabakishore Vidyaniketan (H.S.), District - Birbhum of the subject Mathematics.

A representation of the learned advocate for the petitioner dated January 17, 2024 for grant of higher scale of pay on enhancement of his qualification in the relevant subject is pending consideration before the District Inspector of Schools (S.E.), District-Birbhum, the respondent no.3 herein. The said representation forms part of the writ petition being Annexure-'P7'. The petitioner is praying immediate disposal of the said representation.

Mr. Das, learned advocate for the petitioner submits that the petitioner was pursuing his higher studies prior to joining the service, therefore no situation to take such prior permission arose, besides, in view of different judgments of this Court, particularly the judgment of the Hon'ble Division

Bench of this Court, the prayer of the petitioner for such higher scale of pay cannot be denied.

The respondent no. 3 is directed to dispose of the said representation in accordance with law as expeditiously as possible preferably within a period of eight weeks from the date of communication of this order, if necessary, after giving the petitioner or his representative an opportunity of hearing.

The petitioner is obliged to place all relevant judgments/rules/Government Orders on the subject before the said respondent at the time of disposal of the said representation.

W.P.A. 9973 of 2024 is disposed of with the above terms without any order as to costs.

Since no affidavit has been invited, the allegations made in the writ petition are deemed to have denied by the respondents.

Parties to act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)