Amaresh Kumar Saha v. State Of West Bengal & ORS

S/L 84 16.02.2023 Court. No. 12 Suvayan WPA 9306 of 2015 Amaresh Kumar Saha Vs.

The State of West Bengal & Ors.

Mr. Raghunath Adhikari Ms. Divya Kar Ms. Tanaya Banerjee ...for the petitioner.

Mr. Supriyo Chattopadhyay Mr. Lalmohan Basu Mr. Avishek Prasad ...for the State.

Heard Mr. Adhikari, learned Advocate for the writ petitioner and Mr. Prasad, learned Advocate for the State led by Mr. Supriyo Chattopadhyay, learned Advocate at length.

Perused the entire materials as placed before this Court. It reveals to this Court that it is the grievance of the present writ petitioner in the instant writ petition as filed under Article 226 of the Constitution of India that though he was appointed as an Assistant Teacher in the Science group in the subject Chemistry at Krishnapur Jadunath Madhab Chandra High School on 24.04.1999 and though he possesses Honors Degree but he has been deprived of the appropriate scale of pay to which he is entitled. It is submitted that even if a representation (Annexure P-5) to the instant writ petition dated 11.02.2015 was submitted by the present writ petitioner, such representation of the present writ petitioner was not

at all considered by the District Inspector of School who has been arrayed as respondent No. 2 herein.

In course of his submission, Mr. Prasad, learned Advocate submits before this Court that admittedly for some reason or other the respondent No. 2, i.e., the District Inspector of School (S.E.), North 24 Parganas could not consider the representation of the present writ petition as filed on 11.02.2015.

In view of such, this Court proposes to dispose of the instant writ petition in the manner indicated hereunder.

It is hereby directed that the present respondent No. 2, i.e., the District Inspector of School (S.E.), North 24 Parganas, Siksha Bhawan, 16/1, K.K. Mitra Road, Barasat, Kolkata - 700124 shall treat the instant writ petition along with its annexures as a representation of the present writ petitioner and after giving an opportunity of being heard to the present writ petitioner, he shall pass appropriate order in accordance with law.

It is further directed that the entire process of consideration and communication of the decision of the present respondent No. 2 shall have to be completed within a period of three months from the date of communication of this order.

With the aforementioned observation, the instant writ petition being WPA 9306 of 2015 is disposed of Parties to act on the server copies of this order.

Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities.

(Partha Sarathi Sen, J.)