BASIRUDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This application has been filed in connection with the appeal preferred from the judgment and order dated 26th Sept., 2012 passed 'by a learned Judge of this Court whereby and whereunder the said learned Judge even after allowing the writ petition on merits, directed the Director of School Education, Government of West Bengal to consider the matter relating to the claim of the petitioner for higher scale of pay on improving the qualification and pass a reasoned order within a specified time. The claim of the petitioner for granting higher scale of pay upon improving the educational qualification was rejected by the Director of School Education, Government of West Bengal on the ground that prior-permission was taken from the District Inspector of Schools (SE) concerned in terms of the provisions of West Bengal School (Control and Expenditure) Act, 2005.

(2.) The appellant herein has improved his academic qualification in the year 1931. Therefore, the provisions of the West Bengal School (Control and Expenditure) Act, 2005 have no manner of application in the facts of the present case.

(3.) The learned Single Judge has rightly held that the claim of the writ petitioner relates to the period when the aforesaid Act of 2005 was not enacted. The learned Single Judge allowed the writ petition on proper and valid grounds but erroneously, even after allowing the writ petition on merits directed the Director of School Education, West Bengal to consider the matter and pass a reasoned order within a specified time which we disallow.