(1.) This mandamus appeal is directed against the judgment and order dated 1st July, 2013 passed by a Learned Single Judge of this Court in W.P. No. 18838 (W) of 2007. By the said order, the relief claimed by the writ petitioner was allowed in part. Considering the fact that the petitioner had M.A. Degree in Physical Education at the time of his appointment, it was held that he was entitled to get the benefit of higher scale of pay as per Ropa Rules, 1998. However, while disposing of the writ petition, His Lordship directed the concerned authority to grant higher scale of pay to the petitioner from the date of the order. Since the benefit of higher scale of pay for his higher educational qualification was not given to the petitioner from the dale of his appointment, the petitioner/appellant has come before this Court with this appeal by challenging the said order of the Learned Single Judge of this Court.
(2.) Let us now consider as to how far the Learned Single Judge was justified by not allowing the benefit of higher scale of pay to the petitioner/appellant for his higher educational qualification in the relevant subject from the date of his appointment.
(3.) Here is the case where we find that the petitioner/appellant obtained Master Degree in Physical Education in the year 1990. He participated in the selection process for the post of Assistant Teacher in Physical Education in 1998. In the application which was submitted by him before the West Bengal Central School Service Commission, he disclosed his M.P.Ed., qualification which he obtained in 1990 from the Kalyani University.