PUROVI DUTTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE petitioner appeared in 6th Regional Level Selection Test (AT) 2005 for the post of Assistant Teacher in Hindi (Pass category). After being selected in the said Regional Level Selection Test, she was recommended by the School Service Commission for her appointment as an Assistant Teacher in Kanchpara Janata High School, District North 24 Parganas. She accepted the offer of appointment given to her by the school authority and joined her service in the said school as an Assistant Teacher in language Group. Her appointment was approved with effect from 12th May, 2006 in Pass category post in normal section of the said school. She was given scale of pay as per G.A. Rules.

(2.) ADMITTEDLY, the petitioner had Honours degree in Hindi at the time of her appointment. It is also an admitted fact that the petitioner got herself admitted in M.A. Part-I regular course in Hindi in 2005-2006 Session. She appeared in M.A. Part-I Examination after taking permission from the school authority. She also appeared in M.A. Part-II Examination and ultimately acquired Master Degree in relevant subject in 2007. After enhancing the educational qualification in the relevant subject, she submitted a representation to the District Inspector of School, Secondary Education, Barrackpore, inter alia praying for higher scale of pay for enhanced qualification. Since the petitioner's said representation remains unattained from the end of the concerned District Inspector of Schools since August, 2007, the petitioner has filed the instant writ petition seeking issuance of direction upon the concerned District Inspector of Schools for early consideration of the petitioner's said representation. The petitioner has also prayed for grant of higher scale of pay for his enhanced qualification with effect from 16th August, 2007 i.e. the date of publication of her M.A. Part-II Examination result.

(3.) AT the very outset this Court wants to mention that the principle which was laid down by the Hon'ble Division Bench in the case of the State of West Bengal vs. Sauvik Ghosh (Supra) has no application in the fact of the instant case as the facts involved in the case before the said Division Bench do not match with the facts of the present case. In the case of Sauvik Ghosh, this Court finds that Sri Ghosh was appointed on 16th March, 2001. He enhanced his qualification immediately after his appointment. The result of her Master of Physical Education Part-II Examination was published on 21st September, 2001. Since Mr. Ghosh enhanced his qualification by acquiring Master Degree in the relevant subject prior to West Bengal Schools (control of Expenditure) Act 2005 came into effect, it was held by the Division Bench that the provision contained in the said Act having prospective in its operation, cannot stand as a bar in granting the Post Graduate scale of pay for his enhanced qualification.