ARMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is filed by the petitioner assailing an order passed by the respondent No. 2 under his Memo No. 186/1(5)-ME dated February 03, 2012. By the said impugned order the prayer of the petitioner for granting post-graduate scale of pay in his favour in connection with his service as an 'Assistant Teacher' in 'Language Group' of Ghanashyambati Sayadatiya Senior Madrasah, District - Paschim Medinipur was rejected. The appointment of the petitioner to the post of Assistant Teacher with B.A. degree was approved by the respondent No. 3 with effect from May 01, 1995, i.e. the date of recognition of the above School by the W. Ben. Board of Madrasah Education. Prior permission for enhancing the academic qualification of the petitioner in 'Bengali' from Vidyasagar University under the provisions of G.O. 548-SE(S) dated June 24, 1997 was granted by the respondent No. 3 by an order dated November 07, 2005. The petitioner obtained M.A. degree in 'Bengali', the last date of M.A. Part-II Examination, being dated November 08, 2007.

(2.) After a series of litigation, the respondent No. 2 was directed by an order dated November 09, 2011 passed in the matter of Sk. Arman vs. The State of W. Ben. & Ors. (W.P. 1091 (W) of 2011) to consider the case of the petitioner in accordance with law. In compliance of the said order, the respondent No. 2 passed an impugned order rejecting the prayer of the petitioner. For examining the propriety of the order impugned, the operative portions of the said order are quoted below:-

(3.) According to Mr. Yasin Ali, learned State Advocate, the petitioner pursued M.A. Course and obtained degree on the same after promulgation of the W. Ben. Schools (Control of Expenditure) Act, 2005 (hereinafter referred to as the said Act of 2005). Drawing attention of this Court towards sub-section (2) of section 14 said Act of 2005 Mr. Ali submits that since the appointment of the petitioner was approved in Graduate category he was not entitled for post-graduate scale of pay in terms of the above provision.