SAMBUDDHA CHAKRABARTI,J. - (1.) BY the present writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondents to cancel a memo dated June 9, 2009 which has been annexed to the writ petition as Annexure P-3 and for a direction upon the respondent no. 3 to grant post-graduate pay scale to the petitioner in terms of the post-graduate qualification in the subject relevant to his teaching and group and for other reliefs. The case of the petitioner inter alia is this that he joined Selimabad High School within the district of Burdwan as an Assistant Teacher of Physical Education with effect from March 21, 2001. This appointment was also approved by the respondent no. 3.
(2.) THE petitioner states that at the time of making the application before the School Service Commission he already obtained an M.P.Ed. degree in the year 1997. In the application form he mentioned only up to the bachelor level degree as his qualification as there was no column for mentioning the M.P.Ed. degree. After joining the school he made representation to the appropriate authorities for grant of higher scale of pay and the school authorities in turn had forwarded the papers to the respondent no. 3. The petitioner has referred to various Government Orders and submits that in spite of making repeated representations the respondents did not grant higher scale of pay and kept the prayer of the petitioner in abeyance for an indefinite period.
(3.) THE petitioner had earlier filed a writ petition which was disposed of by this court with a direction upon the respondent no. 3 to consider the case of the petitioner and in terms of the said order the respondent no. 3 under the impugned memo communicated his decision rejecting the case of the petitioner. The petitioner has assailed the decision of the respondent authorities on various grounds and has prayed for the reliefs as mentioned before. It may be mentioned that in spite of being given an opportunity to file affidavit the respondents have not filed any affidavit-in-opposition. Therefore, the writ petition was taken up for hearing on the basis of the pleadings in the petition.;