N.K.Batabyal, J. - (1.)The writ-petitioner is a teacher of Raipur Junior High School, Murshidabad working as head Maulabi. The School was established in 1967 as a Junior High School: the West Bengal Board of Secondary Education granted recognition as per Memo. No. S/244 dated 22.3.84 to Class V and VI from 1.1.84 and to Class VII and VIII w.e.f. 1.1.85. The writ petitioner was appointed in the said school on and from 8th December, 1972. After recognition, the appointment of four of the six teachers working in the school was approved by the Board as they were organizing teachers. The petitioner was also an orgsanizing teacher but he was not approved as a teacher by the Board. By memo No. 4358 dated 23rd July, 1986, the Dist. Inspector of Schools, Murshidabad requested the Directorate of Schools Education of W. B. to inform whether the case of the petitioner could be considered for approval as a teacher in the said school. A copy of the said memo is annexed with the writ petition and marked as letter-A. A certificate granted by the Headmaster of the School showing that the petitioner was working since 8th december, 1972, has also been annexed with the writ petition and marked as letter-B. After a long correspondence, by memo No. 3265-G dated 23.9.88, the Secretary of Raipur Junior High School, Murshidabad, was informed that the services of the writ petitioner had been approved w.e.f 29. 4. 88 in the pay-scale of Rs. 260-533. A copy of the said memo is annexed with the writ petition and marked as 'D'. According to the petitioner, the approval of the services of the petitioner w. e. f. 29.4.88 in the pay-scale of Rs. 260-533 is illegal in as much as the petitioner was appointed in the School on 8.12.72 and the same school was given recognition as a Junior High School w.e. f. 1.1.84. The services of the petitioner should have been approved w.e.f. 1.1.84 and the petitioner should have been granted the pay-scale of Rs. 360-815 in accordance with the memo dated 30.7.84 as per annexure-E. According to the petitioner, the respondents have acted mala fide to denying the petitioner, the approval or his service w.e.f. 1.1.84 in the pay-scale of Rs. 360-815 per month. Hence, he has come before this Court for the following reliefs: A Rule calling upon the respondents to show-cause why a writ or direction in the nature of mandamus should not issue directing them to grant the approval of appointment of the petitioner w.e.f. 1.1.84 as Asst. Teacher in the school mentioned above In the pay-scale of Rs. 360-815 with all arrear salaries due to him; and other reliefs.
(2.)In this case, the Id. State Advocate Mrs. Anjali Chowdhury, appeared on behalf of the Slate at one stage when the matter was heard by Mahitosh Mazumder, J., since deceased. His Lordship could not sign the judgment which was kept with record due to his sudden and untimely death. Thereafter, the matter came up for a fresh hearing and at this stage, though the learned State advocate was repeatedly informed, she failed to turn up. Naturally, the matter has been heard ex parte, so to say, in the second phase.
(3.)It appears from annex.-D of the writ-petition that the Dist. Inspector of Schools(S.E.), Murshidabad, wrote to the Secretary, Raipur Junior High School, Murshidabad, conveying the approval of appointment of the writ petitioner, under-qualified Organiser-Classical Teacher w.e.f. 29th April, 1988 in the pay-scale of Rs. 260-533. It appears from annex.-E to the writ petition which is a memorandum of the Education Dept Budget Branch, of the Govt. of W. B.. that on 30th July, 1984, the Governor was pleased to allow the revised scale of Rs. 360-815 to all the Asst. Teachers having the marginally noted qualifications attached to non-government Junior High Schools and High Madrasa w.e.f. 1.4.81. The marginally noted qualifications include Final Madrasa Examination or equivalent Examination. In this case, from Annex.-D, it appears that the writ-petitioner is F. M. Passed which means Final Madrasa passed. It has been admitted by the learned advocate for the writ petitioner that the writ petitioner is not a graduate with the Classical language which he teaches in the school as one of the subjects in graduation course. However, it is clear that the writ petitioner is entitled to get the revised pay-scale of Rs. 360-815 from the date of his appointment. He is also entitled to get the arrear salaries on account of this.
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