DEBASISH KAR GUPTA, J. - (1.) NONE appears on behalf of the respondents in spite of service of copies of this writ application upon them.
(2.) LET affidavit of service filed be kept on record. This writ application is filed by the petitioner assailing an order passed by the respondent no. 6 under Memo No. 64/SD/G, dated January 18, 2011. By virtue of the impugned order, the benefit of graduate scale of pay was extended in favour of the petitioner with notionally with effect from January 01, 2006 (i.e. the date of joining in the service) and actual financial benefit with effect from April 01, 2008. Having heard the learned counsel appearing for the petitioner as also after considering the facts and circumstances of this case, I find that the name of the petitioner was recommended by a communication dated March 19, 2002 by the West Bengal Regional School Service Commission, Northern Region for appointment to the post of Assistant Teacher in Arabic (M.M) recording his academic qualification "Kamil" in the above letter of recommendation. The appointment of the petitioner was approved by the respondent no. 6 under his Memo No. 531/1(3)/g, dated May 14, 2002 with effect from April 06, 2002.
(3.) SINCE the graduate scale of pay was given to the petitioner, he filed an application under Article 226 of the Constitution of India bearing W.P. No. 11732 (W) of 2004 and the same was disposed of on September 22, 2004 with a direction upon the respondent no. 6 to consider the claim of the petitioner of graduate scale of pay in accordance with law. In compliance of the above order, the impugned order was passed.;