TAPAN KUMAR KUNDU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner was initially appointed as an assistant teacher in the Panchetgarh Junior High School on 17th September, 1974. At the time of his appointment he was a Science Graduate having B.Sc. degree. His appointment was duly approved by the then District Inspector of Schools, Medinipur, and his said qualification was recorded in his approval letter dated 28th September, 1974.

(2.) SUBSEQUENTLY, he improved his qualification. He passed B.A. (Special) Examination in 1984 in History. Thereafter, he also acquired Master Degree in History from the University of Calcutta. He claims that the then Managing Committee of the said School granted him permission to prosecute such higher studies and study leave was also given to him by the said Managing Committee of the said school. He further claims that since there was deficiency in the teaching staff in History in the said school he, with the due permission of the Managing Committee of the said school, had to teach History along with his subjects i.e. Mathematics and Physical Science in different classes till the date of his retirement. He retired as Headmaster of the said school on 31st July, 2009. Since he improved his qualification during the tenure of his service and he taught History subject along with the aforesaid subjects in different classes in the said school due to deficiency of teaching staff in History with the permission of the Managing Committee of the said school, his prayer for grant of higher scale of pay was recommended by the Managing Committee of the said school and the then District Inspector of Schools (S.E.) acting on such recommendation of the school authority, sanctioned his higher scale of pay which was admissible to the teacher having Master Degree, with effect from 6th April, 1986, which was the date following the last date of his

(3.) EXAMINATION as well as in his M.A. EXAMINATION. Those certificates were forwarded to the University of Calcutta for verification. Report from the University is still awaiting. As a result, final decision could not be taken by the said D.I. of Schools.