DIBYENDU MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Let affidavit-of-service be kept on record. This writ application is filed by the petitioner for a direction upon the respondent authority to extend the benefit of postgraduate scale of pay in his favour in connection with his service as an Assistant Teacher of Madhupur F.P.A. High School, District-Nadia. The appointment of the petitioner to the post of Assistant Teacher in Science Group with academic qualification B.Sc. (Hons.) in Physics was approved by the respondent No. 3 with effect from March 30, 2006. The petitioner obtained Master Degree in Physics in the year 2006, the last date of examination being August 11, 2006. By a resolution dated May 26, 2006 adopted in the meeting of the Managing Committee of the aforesaid school, permission was granted to the petitioner to sit for the M.Sc. Part-II examination in the year 2006. The above resolution was forwarded to the respondent No. 3 for prior permission by a communication dated August 12, 2009.

(2.) A prayer is made on behalf of the petitioner to set aside the order passed by the respondent No. 3 under Memo No. 1014(2)/Law/SE dated October 18, 2012.

(3.) After hearing the learned Counsel appearing for the respective parties as also after careful consideration of the facts and circumstances of this case, I find that the claim of the petitioner is to be considered in accordance with the provisions of sub-section (3) of Section 14 of the West Bengal Schools (Control of Expenditure) Act, 2005 and the above provisions are quoted below: