SAMAPTI CHATTERJEE, J. - (1.) AFFIDAVIT of service filed in Court be kept on record.
(2.) THE petitioner joined on 1st November, 2008 as Assistant Teacher in Arabic/Theology subject, Raninagar High Madrasah, Dist.Malda. His service was approved on 29th December, 2008. The petitioner acquired Mumtazul Muhaddethin degree from the West Bengal Board of Madrasah Education in the year 2004. On the basis of the notification dated 30th January, 2009 passed by the Joint Secretary, Government of West Bengal Minority Affairs and Madrasah Education Department the Scale of Pay for teacher holding qualification of Fazil and MM was upgraded to the scale of Rs. 6000 -227=7800 -250 -9800 -275 - 12000+ with effect from 1st February, 2009. It was also mentioned in the said circular under serial no. 'e' that the persons who have acquired MM degree after 1995 onwards, they will come under the purview of this notification to enjoy the scale with effect from 1st February, 2009. The said notification dated 30th January, 2009 is quoted below : "WHEREAS an expert Committee was constituted by the Govt. vide notification No.25 -MD dated 8.1.2008 the equivalence of Kamil and MM concerned studies related issue in connection with Senior Madrasah. AND WHEREAS the committee after detailed deliberates have furnished recommendations and the Govt. have accepted the same. The scale of pay for teachers holding qualification of Fazil, Kamil and MM will be as follows w.e.f. 1.2.2009. Qualification Scale of Pay a) Fazil (w.e.f. 1993) onwards Rs. 3450 -90 -3500 -100 -1700 -125 -5325 b) Kamil (upto 2008) Kamil (General) (w.e.f. 2009 onwards) Rs. 4650 -150 -5100 -175 -6325 -200 -7925 -225 - 10175 c) Kamil (Honours) Rs. 5500 -200 -6300 -225 -8325 -250 -11325 d) MM (Old Syllabus upto 1997) Rs. 4650 -150 -5100 -175 -6325 -200 -7925 -225 -10175 e) MM (w.e.f. 1995 onwards) Rs. 6000 -225 -7800 -250 -9800 -275 -12000 This has the concurrence of Finance Deptt. Vide U.O. No.1879 Group P (Pay) dated 29.1.09. By order of the Governor Sd/ - Joint Secretary Date : 30.1.2009" Though the petitioner acquired MM degree prior to his appointment in spite of that fact petitioner was placed in scale of Rs. 3800/ -7775/ - instead of Rs. 6000/ -Rs. 12,000/ - even after 1st January, 2009, therefore by virtue of this notification dated 30th January, 2009 the petitioner was very much entitled to enjoy the scale as prescribed under the said notification with effect from 1st February, 2009. Therefore, the petitioner was compelled to a the writ petition being W.P. 11004 (W) of 2014 before this Hon'ble Court to ventilate his grievance for getting higher scale of pay as recommended by the notification dated 30th January, 2009. On 22nd April, 2014 the said writ petition was disposed of by this Hon'ble Court by directing the respondent no.2 inter alia to consider and dispose of the case of the petitioner within a specific period. Pursuant to the said order a hearing was held on 22nd May, 2014. Thereafter, on 12th June, 2014 petitioner's representation was rejected by the concerned authority holding inter alia that the petitioner is entitled to enjoy pass graduate scale of pay in terms of G.O. No. 298 -MD dated 27.02.2009 and G.O. No.960 -MD dated 16.06.2010, and not entitled to enjoy the scale of Rs. 6000/ -Rs. 12,000/ - .
(3.) CHALLENGING the said order dated 12th June, 2014 petitioner filed the present writ petition. Mr. Biswaroop Bhattacharya, Learned Advocate appearing for the petitioner, submits that no administrative order or circular can be given retrospective effect. Therefore, the circular dated 31th March, 2010 has no effect in respect of the petitioner's case as the petitioner's case is governed by the circular dated 30th January, 2009 and the petitioner made a representation to enjoy higher scale of pay as indicated in the circular dated 30th January, 2009. The circular dated 31st March, 2010 which was considered at the time of rejecting the petitioner's representation by the concerned Authority has no bearing in respect of the petitioner's case, as no administrative circular or Govt. memo cannot be given retrospective effect, it should be given prospective effect unless specifically mentioned in the said circular. Therefore, the petitioner's claim should be governed by the circular dated 30th January, 2009 where it is indicated that the candidate who has been possessing MM degree after 1995 onwards will be entitled to enjoy the pay scale of Rs. 6000 - 12000/ - with effect from 1st February, 2009.;