- (1.) Let affidavit-of-service be kept on record. Since a point of law is required to be decided on the basis of the facts and circumstances disclosed in this writ application/this matter is take up for hearing.
(2.) This writ application is directed against an order passed by the respondent No. 3 under his Memo No. 120/1(4)/L.S./PrI. dated December 11, 2013. By virtue of the impugned order the claim of the petitioner for extending the benefit of post-graduate scale of pay was rejected by the respondent No. 3 on the following grounds: (i) under the provisions of the West Bengal Schools (Control of Expenditure) Act, 2005, the scale of pay of the concerned Assistant Teacher has to be fixed on the basis of the recommendation made by the School Service Commission. (ii) In accordance with the provisions of Government Order No. 593-SE(B) dated November 27, 2007, the benefit of higher scale of pay to an Assistant Teacher to the post of graduate teacher category cannot be awarded.
(3.) Admittedly, the petitioner had obtained post-graduate scale of pay before the West Bengal Schools (Control of Expenditure) Act, 2005 came into force. Needless to point out that the Government Order No. 593-SE(B) dated November 27, 2007 was issued in exercise of power conferred to the respondent authority under the provisions of sub-section (3) of section 14 of the above Act.;