AMLAN SINGHA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Court: The writ petitioner is the permanent teacher appointed in Balarampur Abhoy Ashram Naitalim Vidyapith (HS), on 28/8/2008. He has been appointed as against a sanctioned post in the said school. The writ petitioner is aggrieved that allegedly, illegally and arbitrarily his prayer for payment of enhanced scale of pay has been rejected by the Commissioner of School Education, West Bengal vide order dtd. 3/9/2019, in spite of his acquiring higher qualification. The necessary factual back ground of this case may be narrated in a nutshell as follows:-

(2.) At the time of appointment on 28/8/2008 the writ petitioner was qualified with a B.Sc. degree in computer science and B.Ed. However, at the said point of time he was under going the course of Master Degree in Computer Science (MCA). By that time he had already completed all other semesters of the Master Degree (MCA) course excepting the final Semester. At this juncture he got appointment in the school as named above.

(3.) Before appearing in the 5thSemester of MCA, he sought permission from the concerned school and the school had adopted a resolution on 11/11/2008, granting him permission to appear in the 5thSemester of MCA examination. He was granted study leave by the school authorities for the said purpose. Subsequently, the writ petitioner was qualified in the examination of Masters of Computer Application. After improving his qualification, the petitioner applied before the school authority for grant of higher scale of pay to him vide letter dtd. 20/7/2009. The Writ Petitioner alleges that though the school authorities have recommended and forwarded his prayer for grant of higher scale of pay to the concerned respondent authority, that is, (District Inspector) seeking permission, the said respondent has not acted in terms of the prayer and such permission has never been granted to the writ petitioner. This has prompted the petitioner to file the first case before this Court which is WP No.289 of 2019. In the same, the Court directed the concerned respondent to consider petitioner's prayer for grant of enhanced scale of pay.