- (1.) The Petitioner herein was appointed as an assistant teacher in the subject of Bengali under Language Group in Coopers Colony High School in the District of Nadia with effect from 10th February, 1993. The appointment of the Petitioner in the said school was approved by the District Inspector of Schools (Secondary Education), Naida on 16th March, 1993 and such approval was communicated by the said District Inspector of Schools to the School Authority under Memo No. 437/Gen/AC dated 16th March, 1993. The educational qualification of the Petitioner was B.A.B.T. at the time of her appointment as assistant teacher in the said school. The said qualification of the Petitioner was mentioned in the approval letter issued by the District Inspector of School. Subsequently, the Petitioner wanted to improve her education qualification. The Additional District Inspector of School, Ranaghat Sub-Division, granted permission to the Petitioner to appear in the M.A. examination (Bengali) from Burdwan University in 2 correspondence course without hampering her normal duties in the school. Grant of such permission was communicated by the said Additional District Inspector of School, Ranaghat Sub-Division to the School Authority by his letter under Memo No. 30/RS/SE dated 25th January, 2002. After grant of such permission, the Petitioner herein completed her studies in Master of Arts (Bengali) and with the approval granted by the West Bengal Board of Secondary Education to the proposal for sanctioning the study leave, she appeared in the M.A. examination. She passed M.A. Part I examination in 2004. She also passed M.A. final examination, 2005 in Bengali from the University of Burdwan. Though the last date of holding M.A. final examination of 2005 under the said University in which she appeared, was 15th September, 2005 but the result of the said examination was published by the University on 4th January, 2006.
(2.) After acquiring the Master Degree in Bengali she claimed higher scale of pay commensurate with her educational qualification. The Petitioner's prayer for higher scale of pay was rejected by the Director of School Education by the impugned order being Annexure P/7 to this writ petition at page 40 thereof. The said order was communicated to the Petitioner by Memo issued by the Director of School Education on 7th June, 2010. The Director of School Education rejected the Petitioner's prayer for higher scale by referring to Section 14(2) of West Bengal School Service (Control of Expenditure) Act, 2005 (hereinafter referred to as the said Act) which came into effect from 27th December, 2005. According to the Director of School Education, the Petitioner is not entitled to get higher scale of pay as the result of her Post Graduate final examination was published on 4th January, 2006 which was after the cut-off date i.e. 27th December, 2005 when the West Bengal School Service (Control of Expenditure) Act, 2005 came into operation having overriding effect on any other law for time being in force containing any provision contrary to the said Act or any contract, customs or usages to the contrary. The Director of School Education was of the view that in view of Section 14 read with Section 20 of the said Act, the benefit which the Petitioner could have obtained for her enhanced qualification as per ROPA 1998, cannot be granted to her as she obtained Master Degree on 4th January, 2006 when her result in final M.A. examination was published.
(3.) The propriety of the said order is under challenge in this writ petition at the instance of the said assistant teacher.;