BISWANATH KARMAKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IT is the case of the writ petitioner since the year 1985, as an approved Assistant Teacher in Science Group, he has been teaching Mathematics at Patkiabari Higher Secondary School. Thereafter intending to improve his qualification that too in the teaching subject, he approached the Managing Committee of the School for granting him necessary permission to join a Post -Graduate course, i.e, M.Sc. in Mathematics, at B.N. Mondal University and the Managing Committee of the School vide Annexure 'P -2' to this writ petition on 5th February, 1993 in its meeting took a resolution permitting the writ petitioner to go for higher study. Accordingly, he joined the M.Sc. course and successfully obtained the Post -Graduate degree in Mathematics in the year 1998.

(2.) IT is contended by the learned Counsel for the petitioner that after having acquired the Post -Graduate degree, the petitioner then approached the Managing Committee of the School for higher scale of pay as per the existing Rules. The Managing Committee of the School also took a resolution in his favour and forwarded his case to the concerned District Inspector of Schools. He then pointed out that in this regard it is pertinent to note that the West Bengal Board of Secondary Education also vide Annexure 'P -6' to this writ petition granted study leave to him for appearing in the examination. It is then contended that since no response was received from the respondent -authority, the writ petitioner, by his letter being Annexure 'P -7' to this writ petition on September 16, 2005, approached the District Inspector of Schools (SE), Murshidabad for considering his case but he was never informed what happened to his such prayer.

(3.) ON the other hand, the learned Additional Government Pleader, Mr. Sadananda Ganguly, submitted already on 30th November, 2005 the District Inspector of Schools (SE), Murshidabad has taken a decision in the matter and rejected the petitioner's prayer for higher scale of pay. In this regard, he handed over to this court the instruction, the learned Counsel for the State received from the concerned District Inspector of Schools, which is already with the records. He contended that taking prior permission from the District Inspector of Schools before joining any higher course, according to the provision of the West Bengal School (Control of Expenditure) Act, 2005, is mandatory and in this case, no such permission was obtained by the petitioner before he joined the school. He contended that, therefore, the petitioner is not entitled to the benefit of higher scale of pay.