SANCHITA BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The moot question involved in the present writ petition is whether an Assistant Teacher of a school possessing post-graduate qualification in a relevant subject can be denied the post-graduate scale of pay merely because the School Service Commission had not mentioned the same at that time of initial recommendation.

(2.) The petitioner appeared at the School Service Commission Examination for the post of Assistant Teacher in Physical Education in the year 2002 and subsequently she was appointed as an Assistant Teacher in Garbeta Uma Devi Girls' High School in November, 2002. The further case of the petitioner is that at the time of filling up of the form of the School Service Commission she had disclosed her full educational particulars, i.e., B.A., B.P.Ed and M.P.Ed. But she came to know at the time of appointment only the B.A., B.P.Ed degrees have been recommended by the School Service Commission. Consequently the petitioner who is otherwise entitled to the post graduate scale of pay of Rs. 6,000-11,800/- was placed in the pay scale of Rs. 4,650-10,175/- per month which is a graduate scale of pay.

(3.) The petitioner made a representation to the school authorities and the Managing Committee in turn had sent the resolution for sanctioning post-graduate scale of pay to the office of the District Inspector of Schools on March 23, 2007 but the petitioner has not learnt anything from the appropriate authority.