SATANU TIRKI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE question which arises in this writ petition is as to whether the government Notifications conferring benefits on teachers acquiring additional qualifications in the subject relevant for the purpose of their instruction, continue to be operative notwithstanding the School Service commission having been put into place and the West Bengal schools (Control of Expenditure) Act, 2005 having come into effect.

(2.) THE writ petitioner joined as an assistant teacher in the Social science group at the Khoksa Binapani Taposili High School on September 8, 1997. The petitioner's appointment was approved by the District Inspector of schools (Secondary Education), North Dinajpur, in December, 1997. The petitioner says that he taught history at the school and he decided to obtain a master's degree in the subject in addition to the bachelor's degree that he already possessed. The petitioner obtained requisite permission to take his master's course examinations. The petitioner relies on a belated writing of october 28, 2005 issued by the secretary of the West Bengal Board of education sanctioning study leave on full pay to the petitioner for the period august 28, 2004 to September 28, 2004 for the petitioner to take the master's examinations.

(3.) ON June 6, 2005 the managing committee of the school resolved to recommend the petitioner for higher scale of pay following the petitioner obtaining the higher qualification. It is not clear as to when the school forwarded the papers relating to the petitioner to the district Inspector of Schools but it is obvious that by June, 2005 the petitioner had obtained the master's degree. This undisputed fact is of some significance. The petitioner relies on his letter of June 20, 2006 issued to the said District Inspector requiring an early consideration of his case.