Debangsu Basak, J. - (1.) THE writ petitioner is an Assistant Teacher in a Madrasah. He has sought higher pay scale from the authorities. His request for higher pay scale has been denied by the impugned Memo dated December 20, 2013. He seeks quashing of the impugned Memo and a higher pay scale, in this petition.
(2.) IT is contended on behalf of the writ petitioner that, the writ petitioner had applied to the Managing Committee of the Madrasah on September 2, 2008 for prosecuting higher studies. The Managing Committee of the Madrasah had taken a resolution on September 13, 2008 and had given him permission to prosecute higher studies. After obtaining such permission the writ petitioner had prosecuted higher studies and had obtained a Master Degree. The Madrasah stood upgraded as Secondary Madrasah and subsequently as a Higher Secondary Madrasah. Due to such upgradation the writ petitioner was asked to take History classes of Class XI and XII. The writ petitioner is teaching History for Classes XI and XII since July 2011. Reliance has been placed on 2013 Volume 2 Calcutta High Court Notes (Cal) page 632 (Akhtar Hossain Chowdhury v. State of West Bengal) to submit that the promulgation of West Bengal School (Control of Expenditure) Act, 2005 is no bar to the writ petitioner receiving higher pay scale. It is contended that, the Circular bearing No. 548 -SE (S) dated June 24, 1997 is also not a bar to the writ petitioner receiving higher pay scale.
(3.) RELIANCE has also been placed on : 2012 Volume 2 Calcutta Law Times page 282 (Subhasis Naskar v. The State of West Bengal & Ors.) as well as : 2012 Volume 1 Calcutta High Court Notes page 605(Bimal Kumar Das v. State of West Bengal) and an unreported decision rendered in W.P. 2167(W) of 2011 (Pampa Das v. State of west Bengal & Ors.) on behalf of the writ petitioner.;