The High Court appointed teacher seeks upgradation to post graduate scale after obtaining PG degree. Directs Respondent 5 to decide pending representation within 12 weeks after providing hearing opportunity.
Direction to Respondent No. 5 to decide pending representation within 12 weeks after hearing and communicate decision within 2 weeks.
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27-09-2021
ct no. 05 Sl. 16
Sayandeep
WPA 9928 of 2021
Ila Murmu -Versus -
State of West Bengal & Ors. (Via Video Conference)
Mr. Uday Sankar Chattopadhyay Mr. Santanu Maji Mr. S. Das
….. for the petitioner
Mr. Supriyo Chattopadhyay Mr. Suman Dey
……. for the State
Writ petitioner is an assistant teacher in a Government aided recognized secondary school and appointed on 22nd March, 2004 with educational qualification of B.A.(Hons.) in History. Such appointment was approved by the concerned District Inspector of Schools(SE), Murshidabad, the respondent No. 5, by issuing memo dated 15th July, 2004 thereby sanctioning Hons. graduate scale of pay in favour of the writ petition. The case has been made out in the writ petition that after appointment of the writ petitioner in the said post, she has enhanced her educational qualification by acquiring post graduate degree in the relevant subject from University of North Bengal in the year 2005 and from the certificate dated 15th September, 2008 at page-25 of the writ petition, it appears that the course was completed on 14th June, 2005. Thereafter, writ petitioner made a representation to the respondent No. 5 for sanctioning of post
2
graduate scale of pay which is remaining pending till date as submitted on behalf of the writ petitioner.
Mr. Supriyo Chattopadhyay, learned senior Government advocate appears on behalf of the State respondents and submits that since the representation is pending before the respondent No. 5, let it be considered in accordance with law.
Having considering the rival contentions of the parties to this writ petition, this Court directs the respondent No. 5 to take decision on the representation dated 8th July, 2011 within a period of 12 weeks from date of communication of this order by passing a reasoned order after granting opportunity of hearing to the writ petitioner and authority of the school where the writ petitioner is presently serving.
The respondent No. 5 is further directed to communicate the decision within a period of 2 weeks thereafter.
With the above observations, the writ petition stands disposed of.
There shall be no order as to costs.
All parties are directed to act on a server copy of this order duly downloaded from the official website of this Court.
Urgent photostat certified copy of this order, if applied for, is to be given to the parties upon compliance with the necessary formalities.
(Saugata Bhattacharyya, J.)
1 issue framed by the court
Whether the appropriate authority should decide on the pending representation for upgradation of pay scale within a stipulated time frame.
1 provisions across 1 enactments
Ila Murmu
State of West Bengal
Saugata Bhattacharyya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
