SUBHASIS NASKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let the application being CAN No. 9039 of 2011 be treated as on day's list. The petitioner has prayed for an order to grant post-graduate scale of pay due to improvement of qualification in the relevant subject.

(2.) It is a specific case of the petitioner that the petitioner after joining the school and with the permission of the managing committee enhanced his qualification by obtaining Master degree in English subject. He applied before the concerned authority for grant of the higher scale because of such enhancement of qualification. But the said prayer was not entertained by the authority concerned. This Court directed the District Inspector of School (S.E.) to file a report as to the steps taken by him in relation to the representation and/or application submitted by the petitioner. During the pendency of the writ petition, the District Inspector of School rejected the said representation on two-fold grounds. Firstly, that the enhancement of qualification was not done with prior permission of the District Inspector of School (S.E.). Secondly, after the introduction of (West Bengal Schools Control of Expenditure Act 2005) the same is not permissible. By filing an application being CAN 9030 of 2011 the writ petitioner brought to the notice of this Court such subsequent event with the further prayer for cancellation and/or withdrawal of the said decision of the District Inspector of School (S.E.).

(3.) A point is taken by the learned advocate appearing for the State that the order passed by the District Inspector of School gives fresh cause of action and the same is not amenable to be challenged and/or assailed in the instant writ petition.