BISWAJIT MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN the month of April, 1997, the writ petitioner having an educational qualification of B.Sc.(Hons.) in Mathematics joined the Chirulia Shrinath Chandra Vidyapith, Purba Midnapore as an Assistant Teacher and his appointment in the said post was approved by the respondent no. 3 with effect from the date of his joining. Subsequently, the petitioner obtained Honours Degree in Physics and on being recommended by the Managing Committee of the School, the District Inspector of the School, the respondent no. 3 sanctioned Honours scale of pay to him with effect from 11.4.1997. The petitioner then passed B. Ed examination in first class and has been teaching the students in the school both Mathematics and Physical Science.

(2.) IT is his further case that he then obtained necessary permission from the Managing Committee of the School for pursuing further higher studies viz., post graduate in Mathematics and after obtaining the permission, he studied the subject and appeared in examination in M.A. (Math) conducted by the Dr. B.R. Ambedkar University, Agra. When the final result was published in the year 2002, he was declared successful in the said examination. Subsequently, on 09.06.2003, the petitioner applied to the Managing Committee of the School for higher scale of pay according to his improved qualification. It is also claimed that the Managing Committee of the School in its resolution adopted on 20th February, 2005 considered and recommended his case, to the District Inspector of Schools (S.E.), Purba Midnapore, respondent no.3 for approval, however, already ten years have been elapsed but no action has been taken in this regard by the respondent no. 3.

(3.) ON the other hand, the learned Counsel for the Managing Committee has not disputed such position and submitted that petitioner is eligible for such pay.