SUSANTA CHATTERJI, J. ( 1 ) FOR effective adjudication of the matters in dispute both C. R. No. 13210 (W)/83 and C. O. No. 11116 (W)/85 are taken up for hearing analogously. It appears that Sm. Anjali Ghosh has obtained the aforesaid rule on 22. 12. 83 praying, inter alia, for a writ of mandamas commanding the respondents to forbear from giving effect to the impugned orders copies of which are annexures 'c and 'e' to the writ petition and also commanding the respondents to forthwith release the salary of the petitioner on the revised scale of pay as detailed in the writ petition and for other consequential reliefs as stated in the writ petition. Looking at the annexures 'c' and 'e' to the writ petition, it appears that a communication dated 16. 3. 83 has been sent from the District Inspector of Schools (SE), Midnapore to the Secretary of the Ghatal Basanta Kumari Girls' High School as to the final release of the grant-in-aid to the teaching and non-teaching staff of the school on account of fixation of pay in the revised scale introduced with effect from 1. 4. 81. With regard to the order of the District Inspector of Schools (SE), as communicated under memo No. 4587-S dated 29. 6. 83 to the Secretary of the aforesaid school as regards irregular change in the staff pattern of the school, it has been stated that the school authorities made a resolution proposing to change the position of the petitioner Sm. Anjali Ghosh from Work Education Group to Language Group and transferring one Sm. Nirmala Roy, as Assistant Teacher of the Language Group to Work Education group. The aforesaid resolution of the school authorities has been negatived by the District Inspector of Schools and the petitioner Sm. Anjali Ghosh is aggrieved thereby. ( 2 ) ANOTHER writ petition has been filed by one Smt. Nirmala Roy, which was entertained on 6th August, 1. 985 and a civil order was made for maintenance of status quo. According to her she has been working in the language group from the very beginning and the school authorities cannot make any resolution to the prejudice of interest of the said Assistant Teacher and the staff pattern cannot be changed by transferring her from language group to work education group and the District Inspector of Schools concerned has rightly negatived the proposed staff pattern.
( 3 ) AS both the matters are correlated, this Court has heard the respective parties, namely Mr. Banerjee for the writ petitioner Sm. Anjali Ghosh and Mr. Mondal for Sm. Nirmala Roy and Mr. Sahoo for the school authorities. Significantly none appears for the State respondents. The only point for consideration is that although Sm. Anjali Ghosh has obtained all the pecuniary benefits in terms of the interim order of this court, the staff pattern has not been changed enabling her to get the benefit of working in the language group. It has, however, been brought to the notice of this Court that in the meantime both the petitioners in their respective cases have improved their qualification by obtaining M. A. Degree and there is no bar for them to receive the salary on the M. A. Scale and to get the benefit on the revised scale. A dispute has come that in order to accommodate Sm. Anjali Ghosh, the interest of Sm. Nirmala Roy has been affected and there is no reason to change the staff pattern to the prejudice of Sm. Nirmala Roy for accommodating Sm. Anjali Ghosh. ( 4 ) HAVING gone through the resolution, this court does not appreciate that the school authority can certainly suggest the change of the staff pattern, if the law permits and even by changing that such staff pattern any person's interest may not be affected. Here, in the instant case, it appears that by the proposed change the person affected would be Sm. Nirmala Roy and she is not inclined to change and the school authority cannot suggest to the District Inspector of Schools to change Sm. Anjali Ghosh from "work education" to "language group" and vis-?-vis for Nirmala Roy to go to work education from the language group. This court upon scrutiny finds that the stand taken by the District Inspector of Schools is absolutely justified and he has rightly refused to accede to the request of the school authorities for change of staff pattern as found to be irregular and illegal. ( 5 ) CONSIDERING this aspect of the matter, this Court is not included to interfere with the order passed by the District Inspector of Schools with regard to the proposed change in staff pattern. Since another development has taken place during the pendency of this case that one of the Assistant Teacher, namely, Sm.
( 5 ) CONSIDERING this aspect of the matter, this Court is not included to interfere with the order passed by the District Inspector of Schools with regard to the proposed change in staff pattern. Since another development has taken place during the pendency of this case that one of the Assistant Teacher, namely, Sm. Anjali Mukherjee of the language group, whose name appeared at page 17 of the writ petition filed by Sm. Nirmala Roy, has since died and the post remains still vacant. Since there is another vacancy in the language group, there will be no bar for the petitioner Sm. Anjali Ghosh to make a representation to the District Inspector of Schools concerned to consider the change of her position from the work education group to language group and such representation may be made within a fortnight from date and the same would be considered by the District Inspector of Schools within four weeks from the date of filing such representation by giving an opportunity of hearing to the petitioner and by passing a speaking and reasoned order. It is made clear that the position of Sm. Nirmala Roy will not be altered and/or changed. It is also brought to the notice of this court that both the petitioners as aforesaid are receiving benefit of the revised M. A. Scale and there will be no change of their benefit in any manner whatsoever. With this observation, both the matters are disposed of. ( 6 ) THERE will be no order as to costs. Rule and application disposed of.