P.K. Ray, J. - (1.) This writ application is filed praying fixation of the basic pay scale at Rs. 2,600/- instead of Rs. 2,280/- as was being paid in the year 1994 to the petitioner along with the other prayers as mentioned thereto, in prayers "a" to "f" which are given below :- (a) Issue a writ in the nature of mandamus commanding the respondents authorities and/or each one of them to allow the petitioner to draw the basic salary of Rs. 2600/- on the scale of pay Rs. 1780/- to 3780/- with all admissible service benefits and to determine the condition of service in accordance with law and also to pay the arrear of salaries from 21st April 1987 till the date; (b) Issue a writ/order/direction in the nature of Mandamus concerned and each one of them to act and proceed strictly in accordance with law; (c) Issue a writ in the nature of Certiorari commanding the respondent authorities to call for entire records so that conscionable justice may be administered; (d) Issue Rule Nisi in terms of prayers (a), (b) and (c) above; (e) Issue a mandatory order of injunction directing the respondents and particularly the respondent No. 2 to allow the petitioner to draw basic pay of Rs. 2600/- in the pay scale of Rs. 1780/- to Rs. 3780/- and also to pay the arrear of salaries from 21st April 1987 till the decision is taken and to fix the service condition of the petitioner; (f) Such further and other order or orders direction, relief or reliefs or compensation, may be passed and/or given to your Lordships may fit and proper.
(2.) By the decision dated 17th September, 1982, service of the writ petitioner was approved with effect from 1st April, 1981 in the post of Assistant Teacher of Bhatpara Amar Krishna Pathsala, High School (hereinafter referred to as the concerned school) by the Additional District Inspector of Schools (SE), 24-Parganas. Petitioner was selected in the W.B.C.S. Examination, 1985 and got assignment in the post of W.B.S. I.R.S.-Grade-I. He was directed to undergo in-service training. He joined on 9.3.1987, subsequently, tendered his resignation with effect from 21st April, 1987 and the same was accepted by the order dated 3rd December, 1990 by the Secretary, Board of Revenue, West Bengal on the basis of the application dated 14th September, 1990. Petitioner was not granted any permission by school authority to join this post of State Government. On 18th April, 1987 the petitioner submitted an application to the Secretary of the concerned school praying to join in the previous post with effect from 21st April, 1987. In this letter dated 21st April, 1987 appearing at page 27 of the writ application, the petitioner contended as follows:- "With deep regret I beg to state that I, an assistant teacher at your school, absented myself from the school on and from 7.3.87. without prior permission of the authorities. Now that I want to join my previous post on 21.4.87 Please accord me your permission to do so. I am repentant for what I have done and assure you for what I have done and assure you not to do so again in future. I further beg to state that I will agree to accept the scale of pay and service condition as will be determined by the authorities concerned as per G.A. Rules."
(3.) On the basis of the said letter dated 18th April,1987, Secretary of the concerned school allowed joining of the petitioner at initial stage of pay-scale, by the decision dated 18th April, 1987. Petitioner agreed to such as it appears from the endorsement with date 21st April, 1987 in the said letter.;