Pranab Kumar Chattopadhyay, J. - (1.) The petitioner herein is an Assistant Teacher of Kataganj Gokulpur Adarsha Shikshayatan High School, Nadia. The appointment of the petitioner was duly approved by the D. I. of Schools (S.E.), Nadia and as a matter of fact the said D. I. of Schools approved the appointment of the petitioner with Honours Degree. The petitioner submitted her option in terms of G. O. No. 33-Edn. (B) dated 7.3.90 for the revised scale of pay. It has been submitted by the petitioner that she has been drawing salary till date in the revised scale, i.e., in the scale of Rs. 1,640-3,635/-. This staff-pattern of the School has also been duly approved by the D. I. of Schools (S.E.), Nadia, wherein the name of the petitioner has been shown against the language group and the qualification ha,s; also been mentioned as B. A. (Special) Honours B. T. It appears that the D. I. of Schools (S.E.), Nadia by Memo No. 57/l(3)/Kly., dated 19.3.96 informed the Secretary of the School that the benefit of higher scale of pay is available with effect from 22.11.93 for higher qualification, i. e., for Honours Degree. Admittedly, the petitioner has been enjoying the said higher scale of pay of Honours Degree with effect from 1.1.86 as per new revised scale of pay, 1990 on the basis of the relevant Government Order issued in this behalf. Though the petitioner made a representation demanding the benefit of higher pay scale from 1.1.86 instead of 22.11.93, but the D. 1. of Schools (S.E.), Nadia refused to allow such prayer of the petitioner.
(2.) Having heard to the learned Counsel appearing for the parties, I find no valid reason for depriving the benefit of the higher scale of pay to the petitioner with effect from 1.1.86 particularly, when the petitioner had been enjoying such benefit of higher scale of pay against her Honours Degree. No reason has also been mentioned by the D. I. of Schools either in his Memo dated 19.3.96 being Annexure-H to the writ petition, nor to the subsequent Memo dated 29.4.98 being Annexure-K to the writ petition in this regard. Since the D. I. of Schools fails to furnish any reason either in his aforesaid orders or subsequently by filing an affidavit before this Court, I have no other alternative but to set aside the aforesaid decision of the D. I. denying the benefit of higher pay scale to the petitioner against her qualification of Honours Degree with effect from 1.1.86 under new revised scale of pay, 1990.
(3.) Accordingly, this writ petition is allowed and the decisions of the D. I. being Memo No, 57/l(3)/Kly., dated 19.3.96 and 117/10/Kly., dated 22.4.98 stand quashed. The petitioner will be entitled to enjoy the benefit of higher scale of pay for Honours Degree with effect from 1.1.86 as per R. O , 1990. The D. I. of Schools is directed to issue formal office order in this regard within a period of four weeks from the date of communication of this order.;