Calcutta High Court (Appellete Side)
Astick Laha vs The State Of West Bengal & Ors on 25 January, 2022
04
25.01.2022
d.p.
In The High Court At Calcutta
Constitutional Writ Jurisdiction
Appellate Side
W.P.A 257 of 2022
(Via Video Conference)
Astick Laha
-versus
The State of West Bengal & Ors.
Mr. Ashis Kumar Paul,
Mr. Arun Kumar Das.
...For the Petitioner.
Mr. Molay Singh,
Ms. Debarati Sen (Bose).
...For the State.
Affidavit-of-service filed in Court today is taken
on record.
Leave is granted to the learned advocate on record
of the petitioner to rectify the typographical error which
is appearing in the description of the respondent Nos.4
and 5 in the cause title of the writ petition.
The petitioner seeks 'A' category scale of pay.
According to the petitioner, as per the order passed by
the Hon'ble Division Bench of this Court on 13th
January, 2020 in FMA 804 of 2019 with CAN 8193 of
2019 (Chairman, District Primary School Council,
Nadia -vs- Tapan Kumar Halder & Ors.) the Court has
been pleased to extend the benefit of 'A' category scale
of pay to the petitioner therein.
The petitioner prays that similar order be passed
in his case.
The petitioner filed a representation before the
Chairman, District Primary School Council, Purba
Bardhaman on 9th December, 2021 and alleges that the
same has not been taken into consideration till date.
As it appears that the representation of the
petitioner praying for approval of 'A' category scale of
pay is pending consideration at the end of the
Chairman, District Primary School Council, Purba
Bardhaman, accordingly, no useful purpose will be
served by keeping the writ petition pending.
The writ petition is accordingly, disposed of by
directing the respondent No.5 being the Chairman,
District Primary School Council, Purba Bardhaman to
consider the representation filed by the petitioner
strictly in accordance with law and in the light of the
judgment passed by the Hon'ble Division Bench in the
aforesaid matter.
A decision shall be taken by the aforesaid
respondent, at the earliest, but positively within a
period of eight weeks from the date of communication of
a copy of this order.
The said respondent shall pass a reasoned order
and communicate the same to the petitioner
immediately thereafter.
The petitioner is directed to forward a copy of his
representation dated 9th December, 2021 along with all
supporting documents including the order of the
Hon'ble Division Bench mentioned hereinabove to the
aforesaid respondent at the time of communicating the
order of this Court.
It has been submitted by the petitioner that he is
entitled to upper level pay instead of 9th level which he
is being paid presently.
The petitioner has raised this issue in his
representation. The aforesaid respondent shall also
consider the prayer of the petitioner for grant of pay in
the upper level in accordance with law.
The writ petition stands disposed of.
Urgent photostat certified copy of this order be
supplied to the parties, if applied for, as early as
possible.
( Amrita Sinha, J.)
