CHOWDHURY MINIRUZZAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner was appointed as an Assistant Teacher in language group in Khagra Gurudas Tarasundari Institution. His appointment was approved as an Assistant Teacher in the said school with effect from 10th September, 1991. At the time of his appointment, his educational qualification was B.A. (Hons), B.T. The said educational qualification of the petitioner was recorded in the approval letter. Subsequently, he enhanced his qualification by acquiring Master Degree in English. Higher scale of pay admissible to the Assistant Teacher having Master Degree was also granted to him after he acquired Master Degree qualification in the relevant subject. The petitioner, further, enhanced his educational qualification by obtaining Doctoral Degree in English from Rabindra Bharati University in 2009. The Doctoral Degree was conferred upon him in the convocation held on 8th May, 2009. After obtaining the Doctoral Degree in January, he claimed two additional increments as per ROPA, 1998. The petitioner's such prayer for grant of two additional increments having been rejected by the District Inspector of schools (S.E.), Murshidabad on 20th February, 2012; the petitioner has come before this Court with this writ petition praying for quashing of the impugned order passed by the said District Inspector of schools. Let me now consider as to how far the concerned District Inspector of Schools was justified in passing the impugned order in the facts and circumstances of the instant case.

(2.) On perusal of the impugned order, this Court finds that the petitioner's prayer for grant of two additional increments was rejected by the said District Inspector of Schools by holding, inter alia, that he is not entitled to draw two additional increments in terms of 2005; G.O. No-46-SE(B) dated 27th February, 2009 and G.O. No-37-SE/ES(S)/5P-37/2010 dated 5th January, 2012.

(3.) Let me first of all consider as to what extent the West Bengal School (Control of Expenditure) Act, 2005 and/or those two G.O.s dated 27th February, 2009 and 5th January, 2012 stand in the way of grant of incremental benefits to the petitioner in the facts and circumstances of the instant case.