Ravi Krishan Kapur, J. - (1.) The petitioner assails an order dated 7 February, 2014 being Memo 44-L (4) passed by the District Inspector of Schools (S.E) Purba Medinipur, inter alia, rejecting the representation of the petitioner for a higher scale of pay.
(2.) The brief facts of the case are as follows: (a) The petitioner passed the B.Sc (Bachelor of Science) Examination in Biology in 1984. He then completed his M.Sc (Master of Science) in Anthropology in 1990 and thereafter completed his P.G.B.T (Post Graduate Basic Training) in the year 1994. (b) On 7 June, 1995 the petitioner was appointed as an Assistant Teacher in Work Education and Physical Education in the Ranichak Deshapran High School, District- Paschim Medinipur. This appointment was made following the Old Recruitment Rules and was approved by the District Inspector of Schools (S.E) vide Memo No.247-S dated 18 January, 1996. It was on the basis of this Memo that the petitioner was drawing the pass graduate scale of pay since his date of joining. (c) Subsequently, the petitioner appeared for the selection test for recruitment of teachers conducted by the West Bengal School Service Commission. Upon being selected, the petitioner was appointed as an Assistant Teacher in the Work Education and Physical Education Group in the Changrachak Jagadish Smriti Vidyapith, Purba Medinipur with effect from 12 December, 2000. (d) Such appointment had been approved by the District Inspector of Schools (S.E) vide Memo No.68/S dated 16 January, 2001. In the approval letter, the petitioner's qualification was recorded as B.Sc, PGBT and the scale of pay designated was pass graduate category i.e. Rs.4,650/- to Rs.10,175/-. Accordingly, the petitioner was drawing this scale of pay since joining the school.
(3.) It is alleged by the petitioner that he is entitled to a higher scale of pay since the school authorities had permitted him to teach Anthropology in the Higher Secondary Department from the academic session 2002-03. The petitioner relies on a communication dated 9 September, 2002 issued by the West Bengal Higher Secondary Education, inter alia, granting permission to the Headmaster of the school to teach Anthropology from 2002-03 and further permitting the school to increase the number of students. The petitioner also relies on a resolution dated 8 August, 2003 for shifting the petitioner from the normal section to the High Secondary Section after submitting all the papers with the District Inspector of School (S.E). The petitioner also relies on a communication dated 10 January, 2005 issued by the District Inspector of Schools permitting the transfer of the petitioner from the normal section to the High Secondary Section in terms of the government order dated 6 December, 1994. In this background, the petitioner has made a demand for post graduate scale of pay. In an earlier writ petition, being WP No.7731 (W) 2013, by an order dated 2 September, 2013 a Learned Single Judge had directed the District Inspector of Schools to consider the representation of the petitioner for post facto approval of the appointment of the petitioner in the Higher Secondary Section of the Changrachak Jagdish Smriti Vidyapith, Purba Medinipur as an Assistant Teacher in Anthropology and also to extend the benefit of post graduate scale of pay in his favour.;