Sabita Biswas v. The State Of West Bengal And ORS.

sandip Ct. 18 13.05.2024 W.P.A. 11394 of 2024 Sabita Biswas Vs.

The State of West Bengal & Ors.

Mr. Sudip Ghosh Chowdhury, Ms. Shreyeta Mitra ... For the petitioner. Mr. Biswabrata Basu Mallick, AGP, Ms. Oindrila Chatterjee ... For the State. Affidavit-of-service filed on behalf of the petitioner be kept with the record.

The petitioner being a successful candidate in the 12th Regional Level Selection Test (AT), 2011 was appointed as an Assistant Teacher at Khasramkar Kumar Ambhu High School, Sagar, District - South 24 Parganas of the subject English (Honours/PG). The petitioner however took transfer from the said school to her present school, i.e. Gopalnagar Haripada Institution (H.S.), District - North 24 Parganas. The petitioner had obtained post-graduate degree in her relevant subject prior to joining in service, she is now praying post-graduate scale of pay.

A representation of the petitioner praying such relief, which forms part of the writ petition being Annexure - 'P6' is pending consideration before the District Inspector of Schools (SE), District - North 24 Parganas, the respondent no. 3 herein.

Mr. Basu Mallick, learned AGP, on instruction submits that it is not the respondent no.3, but the Additional District Inspector of Schools (SE), Bongaon, District - 24 Parganas (North) ("concerned ADI" in short) who is the immediate authority to consider the prayer of the petitioner, besides the petitioner has approached this Court immediately on submitting the representation dated April 15, 2024, without giving any chance to the concerned authority to consider her prayer.

The representation is addressed to the respondent no.3. The said respondent shall either dispose of the said representation by himself or shall send it for consideration to the concerned ADI, in accordance with law, if necessary, after giving the petitioner an opportunity of hearing.

In the event it is found that the petitioner is found to be entitled to such higher scale of pay, follow up steps should be taken for expeditious release of financial benefits.

W.P.A. 11394 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.)