SRI BISWAJIT JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application is at the instance of a teacher and is filed for issuing a writ in the nature of mandamus commanding the respondent authorities to release and pay all arrear salaries to the petitioner along with interest on the basis of revised scale of fixation of pay on enhancement of the qualification.

(2.) THE question involved in the matter is whether the petitioner being an Assistant Teacher of a school is entitled to higher scale of pay on enhancement of his educational qualification on the relevant subject by acquiring M.A. Degree in English from Rabindra Bharati University in the year 2001 by attending the regular evening session without hampering his duties of teaching of the school concerned.

(3.) THEREAFTER , by a letter dated March 21, 2006, the Commissioner of School Education wrote to the District Inspector of Schools (S.E.), Purba Medinipur to the effect that there should not be any bar in fixation of pay to the incumbent in the revised scale as sanctioned by the School Education Department in the Memo dated September 23, 2005.