HIMADRI SEKHAR DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) In this writ petition the petitioner has challenged the order of the Commissioner of School Education, West Bengal/respondent No. 2 dated February 22, 2019.

(2.) The respondent No.2 has delivered the said order in compliance with the directions of this Court dated November 13, 2018, passed in writ petition No. 13424 (w) of 2017 (Himadri Sekhar Das vs. State of W.B. & Ors.). The Commissioner of School Education/respondent No. 2, has held therein that the petitioner did not obtain any prior permission from the District Inspector of Schools, Secondary Education, Purba Medinipur (hereinafter referred to as DI)/respondent No. 3, before enrolment in the course of M.Sc. Degree and appearing in the examinations therefor. Hence, it has decided that the petitioner has obtained the Post Graduate qualification without the prior permission of the respondent No. 3/DI, which has been held to be in clear violation of Para 3 of the G.O. No. 593-SE(B) dated November 27, 2007 (hereinafter referred to as No. 593). Therefore, the Commissioner of School Education/respondent No. 2 has held that in terms of Para 3 of No. 593, the petitioner would not be entitled for grant of Post Graduate scale of pay. Hence, he has regretted such prayer of the petitioner.

(3.) The matter relates to the petitioner's prayer before the appropriate authority, for grant of post graduate scale of pay to him. The petitioner was recommended by the School Service Commission for appointment and thus was appointed as an Assistant Teacher in Mathematics with B.Sc. (Honours) qualification, in the school namely, Rasan Nehru Vidyapith (H.S.). He has joined in the said school on July 19, 2002. His service was approved by respondent No. 3/DI vide order dated December 3, 2002.