JOY KRISHNA MURMU Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is filed by the petitioner assailing an order passed by the respondent No. 2 rejecting his claim for extending benefit of Honours Graduate Scale of Pay in his favour in connection with his services as 'Assistant Teacher' of Bandel Vidyamandir, District-Hooghly. The appointment of the petitioner to the post of assistant teacher of the School under reference was approved by the respondent No. 3 with effect from July 20, 1996 By a resolution adopted in the meeting of the Managing Committee, permission was given to him for appearing in B.Sc. Honours Examination. The Headmaster of the concerned School forwarded the said resolution to the respondent No. 6 on May 16 2005 The respondent No. 3 gave him prior permission to appear in the above examination by a communication issued under his Memo No. 939 dated July 26, 2005. The petitioner passed B.Sc. Honours Examination in the year 2006.

(2.) In support of the submission Mr. Soumitra Bandyopadhyay, learned Counsel appearing on behalf of the petitioner relied upon the judgment dated October 16, 2012 delivered by a Division Bench of this Court in MAT 1459 of 2012.

(3.) Having heard the learned Counsel appearing for the respective parties as also after considering the materials on record I find that the claim of the petitioner was rejected by the respondent No. 2 on two grounds : Firstly, the provisions of section 14 of the West Bengal Schools (Control of Expenditure) Act, 2005, does not permit enhancement of the Scale of pay of the petitioner as prayed for; and Secondly, the Government Order 593-SE(B)/ES/O/IM-98/2007 dated November 27, 2007 prescribed a procedure for obtaining higher qualification by the Assistant Teachers of the Educational Institutions, which had not been followed by the petitioner.