NIKHIL KUMAR BHAUMIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner was an Organizing Teacher of Andharia Jatiya Vidyapith Junior High School in the District of Midnapore. Initially his appointment as Organizing Teacher of the said school was approved by the concerned District Inspector of Schools (Secondary Education), Tamluk, with effect from 7th March, 1995 for a limited period till 31st December, 1995. While approving the petitioner's appointment as an Organizing Teacher of the said school, the petitioner was requested to improve his qualification within three years, if he wants to be appointed as Headmaster of the said school, as per rule. Subsequently, the said approval order was partially modified and the service of the petitioner as Teacher-in-Charge of the said school was approved by the concerned District Inspector of School (Secondary Education), Tamluk, with effect from 1st January, 1986 in terms of the order passed by this Hon'ble Court on 9th Mach, 1999 in W.P. No. 268 of 1999.

(2.) AT the time of his appointment, the petitioner's education qualification was B.Sc. Subsequently, the petitioner enhanced his educational qualification as he acquired Master Degree in Bengali from Utkal University in 1997. Thereafter the appointment of the petitioner as Headmaster of the said school was approved by the concerned District Inspector of School with effect from 11th November, 1997. The said approval was communicated to the school authority by the concerned District Inspector of School by his letter 22nd December, 1998 under memo No. 1228-S appearing at page 56 of this writ petition. The educational qualification of the petitioner at the time of granting approval to his appointment in the post of Headmaster in the said school was recorded as M.A. in Bengali. The scale of pay which was admissible to the petitioner as Head Master of the said school was also mentioned by the concerned District Inspector of School in the said letter of approval. The scale was subsequently revised from time to time and the petitioner was paid his salary as per such pay fixation and/or revision thereof regularly during the tenure of his service.

(3.) THE school authority submitted both the aforesaid documents to the concerned District Inspector of School, as it appears from annexures P/4 and P/5 to this writ petition at pages 74 and 79 thereof respectively.