Bhaskar Bhattacharya, J. - (1.) By this writ application, the writ petitioner, an approved Assistant Teacher of the Work Education Group of the concerned school, has prayed for, mandamus directing the Managing Committee of the School to recommend the petitioner for the vacant post of Assistant Teacher in language group forthwith and for restraining the State-respondent from filling up the vacancy for the post of Assistant Teacher in language group by appointing private respondent No.6 to the said post.
(2.) The following facts are not in dispute: The petitioner and private respondent No.5 are both approved Assistant Teacher in Work Education Group. Of the two, private respondent is the senior one, although both obtained M.A. in. Bengali after taking approval from the respondent/authority, the petitioner got such degree in 1998 while the private respondent obtained the same in 1997. Both of them were allotted additional classes in Bengali in view of their enhanced qualification in Bengali and both of them prayed for higher scale of pay consequent to their improved qualification. In the past, school authority recommended the name of private respondent for such higher scale of pay as he was senior to the petitioner and the District Inspector of Schools concerned approved such recommendation. As a result, the private respondent has been getting higher stale of pay from 1998. In the year 2000 a normal vacancy arose in language group due to retirement of a regular teacher of that group. At this stage, both the petitioner and the private respondent applied for transferring them to the said vacant post of Assistant Teacher in language group in terms of G.O. No.57 SE (S) dated January 27, 1995 issued by the Government of West Bengal Education (School) Department Secondary Branch. The managing committee of the school, however, has recommended the name of private respondent as he is senior to the petitioner.
(3.) Being dissatisfied, the petitioner has come up with the instant writ application.;