AKHTAR HOSSAIN CHOWDHURY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application has been filed in connection with the appeal preferred from the order dated 17th April, 2012 whereby and whereunder a learned Judge of this Court dismissed the writ petition on merits. Going through the records we find that the appellant/petitioner herein claimed benefit of higher scale of pay by acquiring the post-graduate degree in Mathematics.

(2.) The appellant/petitioner herein has joined the school as an Assistant Teacher in the year 1986 when his academic qualification was B.Sc. (Honours) in Mathematics and B.Ed. degree. The appellant/petitioner subsequently improved his qualification and acquired post-graduate degree in Mathematics. The claim for higher scale of pay for acquiring post-graduate degree in Mathematics was initially rejected by the District Inspector of Schools (SE), Paschim Medinipur under office memorandum dated 15th March, 2011 mainly on the ground that the appellant/petitioner did not seek prior permission from the concerned District Inspector of Schools through the managing committee of the school for obtaining such higher qualification in the light of The West Bengal Schools (Control of Expenditure) Act, 2005 read with Para 3 of G.O. 593-SE (B) dated 27th November, 2007 and also under the provisions as laid down in the Circular being No. 548-SE (S) dated 24th June, 1997.

(3.) Mr. Moitra, learned senior counsel representing the appellant/petitioner submits that the circular dated 24th June, 1997 has no manner of application in the facts of the present case.