ASTOPADA RIT Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject-matter of challenge in this writ petition is the order impugned dated 7th July, 2006 passed by the District Inspector of Schools (SE), Howrah refusing higher scale of pay in favour of the writ petitioner although he has Improved his qualification i.e. M.Sc. in Mathematics. Mr. Bari, learned Counsel appearing for the writ petitioner submits that the grounds indicated for such rejection are all illegal and unjustifiable. He submits that the writ petitioner, who has improved his qualification, is entitled to get higher scale of pay specially when, the grounds taken by the concerned District Inspector of Schools are of no substance in law.

(2.) Mr. Bari submits that first point taken for such refusal is obtaining prior permission from the concerned District Inspector of Schools, which the writ petitioner did not take.

(3.) Mr. Bari submits in view of the judgment delivered by this Hon'ble Court such prior permission is not at all required to be taken. However the writ petitioner obtained Master Degree through a communication course. Therefore, no such permission is required. He submits that the second ground for refusal is staff pattern of the school not permitting such higher scale of pay in favour of the writ petitioner. Mr. Bari submits that this is also covered by different judgments delivered by this Court.