B.Ghosh, J. - (1.) The instant appeal is against the judgment and order of the learned single Judge dated 11th January, 1999 passed in W.P. No. 21138 (W) of 1999 whereby and under the learned single Judge directed the Director of School Education to give the petitioner higher scale of pay as per improvement of his educational qualification from April, 1996 within a period of two weeks.
(2.) In the writ petition the petitioner contended that in 1985 he was appointed as an Assistant Teacher of the School in question in Social Science Group. He stated that a that time he was a B.A. (English, Economics and Political Science) and B.Ed. (Geography and Bengali). It is the further case of the petitioner that he obtained M.A. Degree in Political Science subsequent to his joining the School in question as an Assistant Teacher. It is the case of the petitioner that he made several representations to the concerned District Inspector of School (SE) for granting him higher scale of pay on the basis of a Government's decision dated 31st July, 1981 but they were of no avail. It is the further case of the petitioner that he thereupon made prayer to the Director of School Education, West Bengal, who has rejected the prayer of the petitioner and accordingly the petitioner filed a writ petition which was disposed of by permitting the petitioner to make a substantive application with a direction to consider and decide such application. It is the case of the petitioner that he made an application in terms of the said order of this Court but the same was once again rejected by the Director of School Education by an order passed in March, 1991. It is next contended by the petitioner that on 10th September, 1991 the Policy regarding payment of higher scale of pay for more qualified persons was altered. On the basis thereof the matter was processed and full recommendations were made by them to the District Inspector of Schools (SE) but the concerned District Inspector of Schools (SE) failed and neglected to implement the said altered policy of the Government in relation to the petitioner. It is then contended in the petition that on 27th January, 1995 clear guidance has been given by the Government for payment of higher scale of pay to more qualified teachers and according to such guidelines the petitioner's services have been utilised but he had not been given the benefit of such higher scale of pay. The petitioner thus moved yet another writ petition when this Court directed the consideration of the representation of the petitioner. Upon such consideration the Director of School Education passed an order dated 12th October, 1998 and thereby rejected the claim of the petitioner and accordingly he filed a writ petition upon which the impugned order has been passed.
(3.) The entire arguments of the writ petitioner/respondents herein before the learned single Judge was founded on the Circular dated 17th January, 1995. It would, therefore, be proper to reproduce the same and accordingly we de reproduce the same hereafter. "GOVERNMENT OF WEST BENGAL EDUCATION (SCHOOL) DEPARTMENT Secondary Branch Bikash Bhavan, Salt Lake, Cal-91 No. 57-SE(S) Dated, Calcutta, 27th Jan'95. From : Shri P. Bhattacharyya, Asst. Secretary of the Govt. of West Bengal. To : The Director of School Education, West Bengal. Sub. : Granting of Pay according to qualification to the Assistant Teachers of Non-Government Secondary School. The undersigned is directed to say that the question of granting higher scales of pay according to qualification to the Assistant teachers of Non-Government Jr. High Schools/Jr. High Madrasahs and High Schools/High Madrasha (including Higher Secondary Schools/Higher Secondary Madrasahs) in this State who have obtained higher qualification in subjects not relevant to their respective subject or group in which they were appointed in the schools but relevant to their respective teaching subject had been under consideration of the State Government for sometime past. Such a situation exists in some secondary schools where, in the academic interest of the students the authorities of the schools have allotted classes on particular subjects to some approved teachers of the schools who were, respectively, appointed for a different subject/group as per available vacancies. The Education Department also is not in a position always to sanction the required number of additional posts to the schools owing to financial stringencies. Considering the prevailing situation in the Secondary Schools in this State as mentioned above, the State Government in the Education Department has decided as follows to cope with the said situation and in the academic interest of the schools :- (i) Approved Assistant Teachers of Non-Government Secondary Schools and Madrasahs who will take classes in subjects relevant to their respective higher qualification, though appointed/approved respectively in a different group/subject other than the aforesaid teaching subject shall, henceforth, be allowed to draw pay according to their respective higher qualification, as prescribed by the State Government, provided such Assistant Teachers take individual at least six periods per week as officially allotted by the authorities of the respective schools to such Assistant Teachers within the normal workload upon the written consent of the concerned teacher and with the prior permission of the concerned District Inspector of Schools and strictly according to the actual academic need of the individual school. If there be more than one Assistant Teacher in a school with relevant higher qualification agreeable to this arrangements, preference shall be in order of seniority. If any school has already effected such an arrangement in its academic interest, the same has to be got approved by the concerned D.I. of Schools, subject to eligibility, for the purpose of drawal of qualification pay by the concerned teachers. (ii) In future, when any clear vacancy of Assistant Teacher occurs in the normal section (Class V to Class X) in a non-Government Secondary School/Madrasah, the authorities of the concerned school may apply to the concerned D.I. of schools for filing up the vacancy by an existing approved Assistant Teacher of the normal section of that institution who has applied to the school authorities in writing for being placed in that post and who has the requisite higher qualification for that vacant post but is not drawing pay according to such higher qualification by reason of his/her appointment/approval in a different group. The concerned D.I. of schools may permit the schools Authorities to place the services of such Assistant Teacher in that post, with effect from a certain date to be indicated by the D.I. of schools, if the concerned District Inspector of Schools is satisfied that the arrangement will be beneficial to the students. The Assistant Teacher so transferred to the vacant post will be entitled to draw pay according to his/her higher qualification as prescribed by the State Government from the date of his/her placement in that vacant post. The concerned Assistant Teacher shall have to take classes from that date as allotted to that new post. In that case the resultant vacancy shall be filled up according to existing rules. It there be more than one eligible applicant Assist. Teachers in a School for one such vacant post, preference shall be in order of seniority. No further approval of appointment will be necessary. The aforenoted decisions have been taken in conformity with the concurrence of the Finance Department vide their U/O No. 648 Group 'J' dated 7.3.1990. All concerned may please be informed accordingly. The G.O. No. 22-SE(SECY.) dt. 6.1.95 is hereby cancelled. Sd/- P. Bhattacharyya Assistant Secretary.";