BIMAL KUMAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is aggrieved by and dissatisfied with the impugned order passed by the Director of Mass Education Extension, West Bengal dated 25th April, 2003 wherein the concerned Director has refused to 'grant higher scale of pay for acquiring Master Degree in Bengali by the writ petitioner on the ground that i) there is nothing to affirm that the Directorate granted permission to improve his qualification with an order for granting higher scale of pay for getting higher qualification, (ii) he was not appointed in the school as a Bengali teacher, though he did his M.A. degree in Bengali, (iii) there is no provision in the rules framed by Mass Education Extension Department that a teacher would get higher scale of pay if he obtained higher qualification. Ms. Sengupta learned Counsel representing the writ petitioner submits that the finding of the Director is contrary to the circular, norms and the rules applicable in this regard. Ms. Sengupta submits that the writ petitioner obtained higher qualification in the year 1985 and the school authorities of "Calcutta Blind School" utilising his service in Bengali since the school requires Bengali teacher for imparting Bengali education.

(2.) She submitted that her client obtained prior permission and study leave for improving his qualification. She pointed out that under Government Memo No. ISO-Edn (MEE) Calcutta dated 31st January, 2000 the Deputy Secretary, Government of West Bengal informed the Director of Mass Education Extension, Government of West Bengal to the effect that the Government Order bearing No. 57-SE(S) dated 27th January, 1995 as a guideline for granting pay for higher qualification to the Assistant Teachers of the institutions for the handicapped, is existing and in the memo dated 31st January, 2000 it was clearly mentioned about the admissibility of higher scale of pay of acquiring higher qualification in respect of the teachers of the institution for the handicapped and accordingly, her client is entitled to get higher scale of pay for acquiring higher qualification and/or improvement of his qualification.

(3.) She further pointed out that it would appear from the G.O. 57-SE(S) dated 27th January, 1995 that even in case of teachers appointed in a particular subject, improved his qualification on different subject in that event the concerned teacher is entitled to get higher scale of pay as prescribed by the State Government provided such Assistant Teacher took individually at least six such period per week as officially allotted by the authority of the respective schools to such Assistant Teacher within the normal workload upon the written consent of the concerned teacher.