RABI KANT BARMAN Vs. DISTRICT INSPECTOR OF SCHOOLS

JUDGEMENT

(1.) An issue as to whether higher scale of pay can be granted to an Assistant Teacher on account of enhancement of his educational qualification through correspondence course without taking prior permission from the concerned District Inspector of Schools (SE) is raised in the present writ petition. An identical issue was raised earlier before the Learned Single Judge of this Court in the matter of Sri Sanjoy Kr. Ghosh v. State (In re: W.P. 2707 (W) of 2003) wherein it was held that higher scale of pay can be granted to the Assistant Teacher of School who has acquired higher educational qualification in the relevant subject, notwithstanding prior permission was not granted in his favour either for enrolling him as a student in higher studies or for enabling him to appear in examination conducted through correspondence course by the UGC-affiliated universities.

(2.) The view which was so taken by the Learned Single Judge of this Court in the said case could not be agreed upon by the other Learned Single Bench of this Court while dealing with the present writ petition for various reasons mentioned in His Lordship's order dated 24th November, 2011.

(3.) By referring to the Government Order No. 548-SE(S) dated 24th June, 1997 and the other Government Order No. 549-SE(S) dated 24th June, 1997, His Lordship observed that when the aforesaid Government Orders imposed a condition for obtaining prior permission from the concerned D.I. of Schools (S.E.) for enrolment of the petitioner in M.A. course and for enabling him to appear in the M.A. Part-I & Final examination and further since admittedly he acquired the higher qualification without obtaining prior permission from the concerned District Inspector of Schools (SE), he cannot be granted higher scale of pay so long as the said Government Order is in existence, as this Court sitting in the writ jurisdiction, cannot consider the claim of the petitioner by disregarding the said Government Orders. However, instead of taking the ultimate conclusion in this regard, His Lordship, for maintaining judicial decorum, sought for a reference to a Larger Bench for resolving the said issue. Accordingly, this writ petition is placed before us for consideration.