VARINDER KAUR SODHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner herein was appointed as an Assistant Teacher in the Language Group. Her appointment was approved with effect from 1st July, 1988. At the time of approving the appointment of the petitioner, her educational qualification was B.A.B.Ed. Her said educational qualification was recorded in the approval letter. Subsequently, she enhanced her educational qualification by acquiring Master Degree in Hindi in 2002 from a recognised University, namely, Mahatma Gandhi Kashi Vidyapith. 2

(2.) THE result of the said examination was published on 10th February, 2003.

(3.) GIVEN by this Court earlier on 15th July, 2011 while disposing of the petitioner's earlier writ petition, being WP No. 441 of 2007. Attention of this Court was drawn to the earlier order, as mentioned above, whereby the concerned District Inspector of Schools (SE) was directed to consider the petitioner's prayer for grant of higher scale of pay afresh in the light of the provisions contained in clause 12(3) of ROPA, 1998 with a rider that in the event it is found that the condition contained in the proviso to clause 12(3) is satisfied in the present case, then the District Inspector of Schools (SE) will not refuse to grant higher scale of pay to the petitioner provided, however, it is found that she enhanced her higher qualification by acquiring Master Degree from a recognised University. The petitioner's claim for her higher scale of pay was not rejected by the concerned authority on the ground that she did not acquire her Master Degree from a recognised University. The petitioner's prayer for grant of higher scale of pay was rejected by the concerned authority as the staff pattern does not justify grant of such higher scale of pay to the petitioner. The proviso added to para-12(3) indicates clearly that higher scale of pay can be granted to a teacher acquiring higher educational qualification provided staff pattern justifies grant of such higher scale of pay. It is no doubt true that the staff pattern of the said school does not justify grant of higher scale of pay to the petitioner for her Master Degree qualification. Thus, on the face of the provision contained in para-12(3) of the Government Order dated 13th July, 1999, this Court is of the view that the concerned District Inspector of Schools (SE) did not commit any illegality in coming to the conclusion that the staff pattern of the said school does not justify grant of higher scale of pay.