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2016 DIGILAW 6 (CAL)

Bikash Chandra Mahato v. State of West Bengal

2016-01-05

ARINDAM SINHA

body2016
JUDGMENT : The petitioner was appointed as an Assistant Teacher in Work Education Group as approved with effect from 16th November, 2000 in R.B.B High School, District Purulia. By reason of the post of Assistant Teachers in other Groups having fallen vacant, the School resorted to Group shifting. Inter alia, the petitioner by reason of possessing the requisite qualification, was shifted to the Science Group. These facts have been noted by Memo dated 20th September, 2005 issued by the Additional District Inspector of Schools (S.E), Purulia, copy of which is Annexure–‘P/4’ to the writ petition. A portion of the said memo is set out below:- “It is pertinent to mention here that all the resultant vacancy due to group shifting of Sri. A.K. Pattanaik, Sri G.C. Bagti, Sri, B.K. Mahato and Sri. D.K. Halder have been filled up after sending the vacancy statements to he school service commission (W/R), Bankura time to time vide memo no. 1845(V) dt. 02-1-2004. On the above circumstance and due to ignorance of the school authority, necessary approval in connection with shifting of Group in favour of the above teachers may be accorded from his authority as the D.I/s (S.E.), Purulia concerned is not in a position to accord permission in his matter so that the teachers did not face any troubles after their retirement.” Mr. Mondal, learned advocate appears on behalf of the petitioner and submits his client had applied to the District Inspector of schools (S.E.), Purulia for fixation of pay by way of revision pursuant to ROPA, 2009. He submits such representation should be considered and disposed of in favour of his client as the other teachers in the same school who had been shifted, had since been approved in the Groups shifted to. To that effect he files a supplementary affidavit upon leave granted. Mr. Lahiri, Learned advocate appearing on behalf of the State submits the respondent no. 2 being presently the Commissioner of School Education, West Bengal, might look into the matter in view of, inter alia, the facts recorded above. The Commissioner of School Education, Government of West Bengal is directed to consider and dispose of the representation dated 12th November, 2009 made by the petitioner to the District Inspector of Schools (S.E.) deeming it to be made before the said Authority. The Commissioner of School Education, Government of West Bengal is directed to consider and dispose of the representation dated 12th November, 2009 made by the petitioner to the District Inspector of Schools (S.E.) deeming it to be made before the said Authority. The petitioner will serve the copies of the writ petition, the supplementary affidavit filed as well as this order upon the said Authority who thereupon will consider the claim of the petitioner for fixation of salary upon giving the petitioner an opportunity to present his claim, preferably six weeks from the date of such communication. The decision should then be informed to the petitioner. The writ petition is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the learned advocate for the parties on usual undertakings.