STATE OF WEST BENGAL Vs. TULSI KUMAR MUKHERJEE

JUDGEMENT

(1.) The instant appeal is against the judgment and order of the learned single Judge dated 11th January, 1999 passed in W.P. No. 21138 (W) of 1999 whereby and under the learned single Judge directed the Director of School Education to give the petitioner higher scale of pay as per improvement of his educational qualification from April, 1996 within a period of two weeks.

(2.) In the writ petition the petitioner contended that in 1985 he was appointed as an Assistant Teacher of the School in question in Social Science Group. He stated that a that time he was a B.A. (English, Economics and Political Science) and B.Ed. (Geography and Bengali). It is the further case of the petitioner that he obtained M.A. Degree in Political Science subsequent to his joining the School in question as an Assistant Teacher. It is the case of the petitioner that he made several representations to the concerned District Inspector of School (SE) for granting him higher scale of pay on the basis of a Government's decision dated 31st July, 1981 but they were of no avail. It is the further case of the petitioner that he thereupon made prayer to the Director of School Education, West Bengal, who has rejected the prayer of the petitioner and accordingly the petitioner filed a writ petition which was disposed of by permitting the petitioner to make a substantive application with a direction to consider and decide such application. It is the case of the petitioner that he made an application in terms of the said order of this Court but the same was once again rejected by the Director of School Education by an order passed in March, 1991. It is next contended by the petitioner that on 10th September, 1991 the Policy regarding payment of higher scale of pay for more qualified persons was altered. On the basis thereof the matter was processed and full recommendations were made by them to the District Inspector of Schools (SE) but the concerned District Inspector of Schools (SE) failed and neglected to implement the said altered policy of the Government in relation to the petitioner. It is then contended in the petition that on 27th January, 1995 clear guidance has been given by the Government for payment of higher scale of pay to more qualified teachers and according to such guidelines the petitioner's services have been utilised but he had not been given the benefit of such higher scale of pay. The petitioner thus moved yet another writ petition when this Court directed the consideration of the representation of the petitioner. Upon such consideration the Director of School Education passed an order dated 12th October, 1998 and thereby rejected the claim of the petitioner and accordingly he filed a writ petition upon which the impugned order has been passed.

(3.) The entire arguments of the writ petitioner/respondents herein before the learned single Judge was founded on the Circular dated 17th January, 1995. It would, therefore, be proper to reproduce the same and accordingly we de reproduce the same hereafter.