ANIMESH CHOUDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, whereby the petitioner has claimed the benefit of a higher scale of pay post acquiring the post-graduate qualification in the subject of Mathematics.

(2.) The facts of the case, in so far as they are material to this writ petition, are circumscribed in a narrow compass and are encapsulated as follows: the petitioner is presently serving as an incumbent Assistant Teacher of Petkatidanga Junior High School, Maynaguri in the district of Jalpaiguri (hereinafter referred to as the "said school"). The petitioner had joined the said school as an Assistant Teacher of Mathematics in the "Hons./Post-Graduate" category on and from August 1, 2011, in terms of the recommendation furnished by the Secretary of the West Bengal Regional School Service Commission, Malda dated June 24, 2011. The petitioner's appointment was approved by the District Inspector of Schools, Jalpaiguri (hereinafter referred to as "D.I. of Schools") by an order dated September 8, 2011.

(3.) The petitioner was already enrolled in the post-graduate course of Mathematics (M.Sc. in the stated subject) and was pursuing the same from the Netaji Subhash Open University prior to his appointment as an Assistant Teacher in the said school. The petitioner completed the Part-II examinations of the stated course on October 15, 2012 and the results of the same were published in February 14, 2013. The petitioner has averred that the first term of the said course had commenced in 2009, that is, much prior to his appointment as an Assistant Teacher in the said school and merely the mark-sheet of Part- I examinations was issued on September 29, 2011 post such appointment.