Debasish Kar Gupta, J. - (1.) This writ application is filed by the petitioner for a direction upon the respondent authority to give him appointment to the post of Assistant Teacher of Mathematics in the post graduate scale of pay on the basis of the recommendation made by the West Bengal Regional School Commission (Northern Region).
(2.) The West Bengal Regional School Service Commission (Northern Region) conducted a selection process for preparation of panel of 2002 and recommendation of the names of selected candidates for the purpose of appointment of Assistant Teachers in different Government aided schools under Northern Region. The petitioner participated in the above selection process under un -reserved category having qualifications of M.Sc. in Mathematics(First Class) with distinction in 1999 and B.Ed. Examination(First Class) in 1999. By a communication issued under memo No. Math(02) AT/40/(2) WBRSSC/NI/REC/2003 dated December 08, 2003(annexure P -1 at page 16 to this writ application) the respondent No. 2 recommended the name of the petitioner for appointment as an Assistant Teacher in Mathematics in post graduate scale of pay in Siliguri Netaji High School P.O. Subhaspally, Siliguri District -Darjeeling. But in reply dated December 15, 2003 the authority of the above Siliguri Netaji High School, P.O. Subhashpally, Siliguri District - Darjeeling (annexure P -2 at page 17) informed the respondent No. 2 that there was no vacancy in the post of Assistant Teacher in post graduate scale of pay in which the name of the petitioner had been recommended. On receipt of the above communication the respondent No. 2 directed the respondent No. 3 as per his communication issued under memo No. 922/1(2) WBRSSC/NR dated December 31, 2003, to arrange for issuing letter of appointment in favour of the writ petitioner in terms of the recommendation made by the respondent No. 2. Since, the respondent authorities did not take further steps for appointment of the petitioner as Assistant Teacher in Mathematics in the aforesaid school in terms of the recommendation of the respondent No. 2, the petitioner filed the instant writ application. By an order dated August 27, 2004 passed in this matter, the court directed the respondent authorities to allow the petitioner to join as Assistant Teacher in the unreserved post in Siliguri Boys' High School. It was further directed that the question of payment of remuneration commensurate to the qualification of the petitioner would be decided at the time of final disposal of the writ application. The above interim order was passed without prejudice to the rights and contentions of the parties.
(3.) The above order dated August 27, 2008 is quoted below: W.P. 7496(W) of 2004. Mr. D.P. Mukherjee. Mr. Sunil Kumar Pal.. For petitioner. Mr. Goutam Wilson.. For respondent No. 1,2 and 3. Mr. Kallol Basu.. For School Service Commission. Pursuant to may earlier order. The D.I. Siliguri is present in Court. So, earlier order of arresting him. Is recalled. Personal appearance of the D.II is dispensed with. Upon instruction, the learned Lawyer for the D.I. submits that in the Siliguri Boys' High School, two posts of Mathematics teachers have fallen vacant, one of which is reserved for scheduled caste and another one is for general category. However, the general category post does not carry the scale of pay of Post -Graduate degree qualification and this is meant for Bachelor degree. Since the petitioner is having the qualification of M.Sc., so, he cannot be accommodated under the law, in this post. However, in another school viz. Ambari High School, Siliguri, a post of Assistant Teacher in Mathematics has fallen vacant and this post carries the pay scale of Post -Graduate degree. According to him, if the petitioner is agreeable to join in the said school, there will be no difficulty, as this will be commensurate to his qualification and claim. Mr. D.P. Mukherjee, appearing for the writ petitioner submits that the submission of the learned lawyer for the D.I. is incorrect, as far as the Siliguri Boys' High School is concerned. According to him, the post, which has been fallen vacant, was meant for an Assistant Teacher, having qualification of Post -Graduation and he used to get higher pay scale, commensurate to his qualification. Therefore, there cannot be any difficulty to give higher pay scale in Siliguri Boys' High School, accommodating his client. He further says that his client is agreeable to join at Siliguri Boys' High School, without prejudice, and his client is not agreeable to join at Ambari High School. In that view of the matter, I direct the D.I. concerned and the school authority to allow the petitioner to join as Assistant Teacher in the reserved post in Siliguri Boys' High School. As far as the question of higher scale of pay, commensurate to the qualification of the petitioner is concerned, that will be decided later on. It is made clear, under the law, if the petitioner is not entitled, then he will not get any facility. Therefore, the matter shall be decided on affidavits, on the question of grant of higher scale of pay only. Affidavit in opposition may be filed within four weeks from date. Reply 7 thereto, if any, shall be filed within two weeks thereafter and the matter will appear for hearing before the appropriate Bench, two weeks after Puja Vacation. This order is passed without prejudice to the rights and contentions of the parties. The injunction order will continue, as far as the post for unreserved category is concerned, till the petitioner joins and so far the restrain order relating to the reserved category is concerned, the same stands vacated. Accordingly, the D.I. shall advice the School Service Commission for formal recommendation for appointment of the petitioner to the aforesaid Siliguri Boys' High School, in terms of this order. In view of the aforesaid, the recommendation made earlier in favour of the petitioner, in connection with a particular school, shall be modified on the advice of the D.I., in terms of this order for filing in the post in the Siliguri Boys' High School, in the un -reserved category. The matter will appear marked as "To Be Mentioned" fortnight hence(10.9.2004), for recording compliance of this order. Learned Registrar General is directed to communicate this order once again to all concerned, since the order of arrest has been recalled. Let Xerox plain copy of this order, duly countersigned by the Assistant Registrar(Court) be given to the learned Lawyer for petitioner, upon making application for obtaining Xerox certified copy of this order. (Kalyan Jyoti Sengupta, J.);