SASWATI MAJHI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Sri Ekramul Bari, Learned Counsel appears for the petitioner and submits that by Office Memorandum (for short O.M) dated 7th of Sept., 2004 issued by the District Inspector of Schools (SE), Howrah-1 which is impugned in this writ petition, the claim of the writ petitioner to a higher scale of pay upon improving her qualification to Masters in Physical Education (for short M.P.Ed) has been erroneously refused.

(2.) Taking this Court to the O.M dated 7th of Sept., 2004 appearing at pages 29 to 32 of the writ petition, Sri Bari argues that the claim of the writ petitioner was refused on three counts. First, that the writ petitioner did not take any prior permission from the Managing Committee (for short M.C) of the said school before improving her qualification. Second, the staff pattern of the school does not reflect the need of the petitioner to be granted the opportunity to improve her qualification. Third, the petitioner did not obtain her M.P.Ed decree from a recognised University and therefore, G.O. No. 417-SE (S) dated 8th of March, 2000 is a bar.

(3.) Sri Bari argues that the issue of taking prior permission and the further issue of the staff pattern being a bar to improving the qualification of a teacher in a school are no more res integra considering several judgments of this Honourable Court. In support of his submissions Sri Bari relies upon the decisions of this Honourable High Court In Re Trilochon Jana Vs. State (2008) 2 WBLR (Cal) 913 and, In Re Raghunath Mondal Vs. State (2013) 3 WBLR (Cal) 556.