Sanjit Paul vs The State Of West Bengal & Ors
2021 Latest Caselaw 3827 Cal

Item No.1


                       In The High Court At Calcutta
                      Constitutional Writ Jurisdiction
                           (via video conference)
16.07.2021
  Ct-24

                            WPA 27597 of 2017
                                   Sanjit Paul
                                        v.
                         The State of West Bengal & Ors.

                  Mr. Pinaki Dhole
                  Mr. Avishek Prasad
                         ... for the State.

                  Ms. Tapati Samanta
                                 ... for the respondent no. 4

None appears in support of the writ application.

The petitioner has prayed for a direction upon the

respondent authorities to revise the scale of pay

according to his improved qualification in terms of the

Memorandum dated March 7, 1990.

Learned advocate appearing on behalf of the

District Library Officer, Dakshin Dinajpur submits that

similar type of matters were taken up for consideration

by the Hon'ble Division Bench of this Court and by a

judgment dated May 4, 2018 passed in the matter of

Pradip Kumar Karak & Ors. v. The State of West Bengal

& Ors., in MAT No. 36 of 2021, reported in (2018) 4

CHN(Cal) 131 the Hon'ble Court has been pleased to lay

down the law that the librarians, who have acquired

higher qualifications before the cut off date that is July

21, 1990 are entitled to claim benefit in terms of the

aforesaid memorandum. It has been specifically laid

down that the librarians who acquired higher

qualifications after July 21, 1990 has no legal right to

move the writ petition for enforcement of the terms of the

Memorandum dated March 7, 1990.

A Special Leave Petition preferred challenging the

order passed by the Hon'ble Division Bench has already

been dismissed by the Hon'ble Supreme Court by an

order dated September 24, 2018 passed in Petition for

Special Leave to Appeal(C) No. 23314 of 2018 in the

matter of Samir Kumar Goswami v. State of West Bengal

& Ors.

The petitioner has averred in his writ petition that

he obtained higher qualification in the year 2004.

In view of the law laid down by the Hon'ble

Division Bench no relief can be granted to the petitioner

in the instant writ petition.

The writ petition stands dismissed.

Urgent photostat certified copy of this order, if

applied for be given to the parties after completion of all

legal formalities.

Sh                                       (Amrita Sinha, J.)