LAWS(CAL)-2013-10-54

SWASTIKA BACHHAR Vs. STATE OF WEST BENGAL

Decided On October 08, 2013
Swastika Bachhar Appellant
V/S
The State Of West Bengal Respondents

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 case of the petitioner inter alia is that she joined the Kalyannagar Vidyapith for Girls on February 9, 1999 as an Assistant Teacher in the language group against a permanent vacancy in the basic pay scale of Rs. 4,650-10,175/- following the recommendation of West Bengal Regional School Service Commission. She appeared at the examination conducted by the School Service Commission with the qualification of M.A., B.Ed. in the year 1998. In the recommendation made by the School Service Commission for appointment to the post of Assistant Teacher her proper qualification was specifically mentioned.

(3.) The petitioner alleges that in spite of the fact that the school authorities had appointed the petitioner with the post-graduate qualification the District Inspector of Schools (S.E.) South 24 Parganas, by mistake sanctioned only the graduate scale of pay to the petitioner instead of sanctioning the post-graduate scale of pay without considering her post-graduate qualification.