Calcutta High Court (Appellete Side)
Kakali Basu (Chatterjee) vs The State Of West Bengal & Ors on 9 November, 2011
Author: Tapen Sen
Bench: Tapen Sen
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1.2011 W.P. No. 19298 (W) of 2004
Kakali Basu (Chatterjee) ... ... Petitioner
-Versus-
The State of West Bengal & Ors.
.. Respondents
Mr. D. N. Ray, Mr. S. N. Ray .. For the Petitioner Notice of listing of this case was given to the learned Government Pleader on 2.11.2011, but in spite thereof there is no representation on behalf of the State. Accordingly, the Writ Petition is now being disposed of exparte as against the State.
The prayer made in the Writ Petition is for an Order commanding upon the Respondents to grant higher scale of pay as per the post Graduate qualification of the Petitioner or in the alternative, to convert her teaching group from Work and Physical Education to Science Group in Kalyangarh Balika Vidyalaya, P.O. Kalyangarh, District North 24-Parganas. The Petitioner also prays for an Order commanding upon the Respondents to release her post Graduate scale of pay in terms of the qualifications acquired by her.
The Petitioner has stated that having become successful in the Regional Level Selection Test conducted by the School Service Commission, she was recommended for appointment to the post of an Assistant Teacher in Work Education under the Work and Physical Education Group of the aforesaid Vidyalaya. Subsequently, a letter of appointment was issued and the Petitioner joined with effect from 23.2.2001. Her appointment was approved by the District Inspector of Schools (S.E.), North 24-Parganas on 16.5.2001 vide Memo. No. 637/G. At the time of joining, the Petitioner was already possessed of the post Graduate qualification of M.Sc. in Zoology. 2 On 12.2.2004, the Petitioner filed a representation for grant of higher scale of pay and/or in the alternative, for change in her teaching group mentioned above. The School Authorities forwarded the representation to the District Inspector of Schools (S.E.). The Petitioner has relied upon certain Government Orders in the Writ Petition in support of her claim and has stated and/or submitted that the Petitioner, having already acquired a right for the promotional berth, would stand frustrated in her service career if she was made to continue in the Graduate scale of pay.
It appears that on 21.12.2005, another Hon'ble Single Judge of this Court, had directed and given an opportunity to the Respondents to file Affidavit-in-Opposition. Almost six years have gone by but the Respondents have not filed any Affidavit till now.
Under the circumstances, this Writ Petition is being disposed of with a Direction upon the Respondents and specially, the Respondent No.3, to take a decision in the matter within a period of three weeks from the date of receipt of a copy of this Order by passing a reasoned Order after giving an opportunity of hearing to the Petitioner. The Order must be communicated to the Petitioner within a period of two weeks thereafter.
In order to enable the Respondent No.3 to pass a reasoned Order, the Petitioner may file a detailed fresh representation giving all necessary documents on which she desires to rely upon.
With the aforesaid observations and directions, this Writ Petition stands disposed of. The Notice dated 2.11.2011 serving notice upon the learned Government Pleader is directed to be retained with the records of this case.
If urgent certified copy of this Order, duly photocopied, is applied for by the parties, the same should be given expeditiously.
( Tapen Sen, J. ) 3