Calcutta High Court (Appellete Side)
Partha Pratim Dey vs State Of West Bengal & Ors on 24 August, 2023
01 24.8.2023 FMA 1394 of 2017
Ct-08
Partha Pratim Dey
Vs.
State of West Bengal & Ors.
ar
Mr. Kamalesh Bhattacharyya
Mr. Dilip Kumar Maiti
... For the Appellant
Dr. Sutanu Kumar Patra
Mr. Supriya Dubey
... For WBCSSC
Mr. Bibekananda Tripathy
Mr. Kaustav Chatterjee
... For the State
1.
We have heard the learned counsel
appearing for the parties.
2. The basis of the order impugned appears
to be on an erroneous understanding of the post
to which the appellant was transferred. The post
to which the appellant was transferred was
approved and the documents alleged not to have
been disclosed would be insignificant as by
reason of such transfer the appellant did not get
any better benefit, save and except by reason of
the order of the learned Single Judge passed in
WP 34409(w) of 2013 on 12th December, 2013
the writ petitioner was permitted higher scale of
pay after taking into consideration that he had
acquired M.A in the year 2002 and the school
authorities have been allotting him classes. The
students and the school ultimately got benefited
by the order the learned Single Judge.
The said order has attained finality.
We are not going into the merit of the said
judgment. The appeal against such judgment
was dismissed.
However, we cannot disregard the fact that
the school to which the petitioner was
transferred there should be the same
requirement where the appellant could have
asked for higher scale of pay. Any other view
would be contrary to the Rule 12(3) of ROPA
1998 and the Notification no. 57SE(S) dated 27th
January, 1995. The transferee school shall
decide the higher scale of pay of the petitioner
consequent upon acquiring higher qualification
in non-relevant subject to fulfilment of the
condition mentioned in the order dated 12th
December, 2013.
3. The order of the learned Single Judge
dated 12th December, 2013 was a conditional
order and it cannot continue indefinitely unless
the basis for such higher pay scale exists in the
present transferee school.
4. As we find that there has been no
suppression of facts, the order impugned is set
aside.
5. The approval for the transferred post shall
be granted by D.I within two weeks from date.
6. The amount of Rs. 1,00,000/- to be
refunded to the appellant by the learned
Registrar General within two weeks from the date
of communication of this order.
7. This order shall be immediately
communicated to the school by either of the
parties as it involves payment of higher pay scale
which would be conditional upon the fulfillment
of the requirement mentioned in the order
passed by the learned Single Judge in the earlier
writ proceeding and reiterated in this order.
8. On such consideration, the appeal being
FMA 1394 of 2017 is allowed and stands
disposed of.
9. However, there shall be no order as to
costs.
10. Urgent Photostat certified copy of this
order, if applied for, be given to the parties on
usual undertaking.
(Uday Kumar, J.) (Soumen Sen, J.)
