Pratap Kumar Ray, J. - (1.) Heard the learned Advocate for the parties. In this writ application the Petitioner has prayed for the following reliefs: (a) A writ in the nature of Mandamus commanding the Respondents authorities concerned to act in terms of law and to permit the Petitioner to continue for the post -graduate scale/M.A. scale with effect from 1.5.90 as also commending them to disburse to him all the arrears accrued to him in this context with effect from 1.1.1998. (b) A writ in the nature of certiorari directing the Respondents authorities concerned to certify and transmit the records of the case to this Hon'ble Court so that conscionable justice may be administered by way of passing appropriate order or direction. (c) Declaration to the effect that the Petitioner is entitled to continue in post graduate scale of pay as Assistant Teacher in his secondary school with effect from 1.5.1990 and also entitled to get his current salaries month by month in the same scale of pay meant for M.A. qualification as also to get the arrears of salary accrued thereto with effect from 1.1.98.
(2.) The facts relating to the writ application in short as follows: Originally the Petitioner was appointed in the post of work education teacher under physical and work education group. His qualification was B.A. P.G.B.T. Subsequently, the Petitioner while working as a teacher of work education group, improved his qualification M.A. in Bengali, whose last date of examination was February 13, 1983. The Petitioner was granted post graduate pay scale by the Managing Committee of the school with effect from May 1, 1990 to December 31, 1997. Thereafter such post graduate pay scale was stopped in terms of the Resolution dated December 27, 1997 by the Managing Committee whereby it was decided that the Petitioner was not eligible to enjoy such post graduate pay scale so long the Petitioner's service was changed to a teacher in language group in terms of the circular letter No. 57 -S.E.(S) dated January 27, 1995. By the letter dated February 3, 1998 the Petitioner was directed to refund the excess amount as drawn by him in the post graduate pay scale and also was directed to accept the 'graduate' pay scale as per revision of Pay and Allowances Rules, 1990. However, subsequently with effect from January 1, 1999. the Petitioner's service was transferred from work education group to language group by the decision of the District Inspector of Schools dated May 18, 1999 and the Petitioner was allowed to enjoy post graduate pay scale being a teacher of language group with effect from that date that is January 1, 1999. It is submitted by the Petitioner that the post graduate pay scale was granted in favour of the Petitioner for the period May 1, 1990 to December 31, 1999 and thereafter with effect from January 1, 1999 in terms of the decision of the District Inspector of Schools concerned converting the Petitioner's post from work education to language group. Only for one year such post graduate pay scale was not released.
(3.) In the writ application, the Petitioner has prayed for a declaration that the Petitioner became eligible to draw the post graduate pay scale with effect from February 31, 1988 when the Petitioner completed five years service from the date of last examination of M.A. in Bengali as conducted by the University of Calcutta. In support of the case, the Petitioner has relied upon several circular letters namely, Memo No. 372 -Edn.(B) dated July 31, 1981, Memo No. 253 -Edn.(B) dated September 17, 1984, Memo no 400 -Edn.(B) dated September 10, 1991 as well as Memo no 401 -Edn.(B) dated September 10, 1991 issued by the Budget Branch of the;