Tapabrata Chakraborty, J. - (1.) Affidavit of service filed by the petitioner be kept on record.
(2.) The present writ petition has been preferred challenging inter alia the memorandum dated 24th August, 2015 and 28th June, 2017 issued by the respondent no. 3.
(3.) Mr. Maitra, learned senior advocate appearing for the petitioner submits that the petitioner was appointed to the post of an assistant teacher of Arabic under pass category in the Mahismara Ghoramara High School (H.S.) (in short, the first school). Such appointment of the petitioner was duly approved by the respondent no. 4 and he was enjoying the pass graduate scale of pay. Subsequent thereto, the petitioner enhanced his qualification in a non-relevant subject (Bengali). Upon acquiring honours degree in Bengali he was sanctioned the honours graduate scale of pay by a memo dated 7th November, 1997. Upon acquiring masters degree, the petitioner was granted the post graduate scale of pay by a memo dated 1st April, 1999. Subsequently, the petitioner applied for transfer in terms of the West Bengal School Service commission (General Transfer Rules), 2013 (in short, the said Rules of 2013). Such application of transfer was allowed and the petitioner was transferred to the post of an assistant teacher of Arabic (Pass) in the Bali Gramin High School (in short, the second school). Such appointment in the second school was approved by the respondent no. 4 vide memo dated 30th December, 2014. As prior to such transfer, the petitioner was enjoying the post graduate scale of pay, a last pay certificate to that effect was issued by the first school. On the basis of the said last pay certificate, the petitioner was also granted the post graduate scale of pay upon transfer to the second school. Surprisingly, the respondent no. 3 issued a memo dated 24th August, 2016 to the respondent no. 4 observing, inter alia, that the petitioner cannot be allowed the higher scale of pay. By a subsequent memo dated 26th October, 2017, the said respondent no. 3 instructed the respondent no. 7 that no higher scale of pay can be allowed to the petitioner and the respondent no. 7 was also instructed to calculate the amount overdrawn by the petitioner on and from 6th December, 2014 and to ask the petitioner to refund the said amount.;