Samapti Chatterjee, J. - (1.) Let affidavit of service filed on behalf of the petitioner be kept on record.
(2.) The petitioner joined on 4th November, 2008 as Assistant Teacher in Arabic/Theology group in Batna J.M.O. Senior Madrasah, Dist-Malda. His service was approved on 6th February, 2009. The petitioner acquired Mumtazul Muhaddethin degree from the West Bengal Board of Madrasah Education in the year 2002. 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 January, 2009. It was also mentioned in the said circular under serial no. 'e' that the persons who have acquired MM degree after 1998 onwards, they will come under the purview of this notification to enjoy the scale with effect from 1st January, 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. 1.1.2009. JUDGEMENT_348_LAWS(CAL)1_2018_1.html This has the concurrence of Finance Deptt. Vide U.O. No. 1879 Group P (Pay) dated 29.1.09. Joint SecretaryDate : 30.1.2009"
(3.) Though the petitioner acquired MM degree in the year 2002, 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 January, 2009.;