- (1.) The petitioner was appointed as an Assistant Teacher in Science Group in Berhampore Girls Mahakali Pathshala. THE appointment of the petitioner as an Assistant Teacher in the said school was approved by the concerned District Inspector of Schools with effect from 22nd January, 2004. At the time of her appointment, her educational qualification was B.Sc.(Hons.) in Physics. Subsequently, she enhanced her educational qualification by obtaining Master Degree in the relevant subject. THE last date of her M.Sc. Examination in which she appeared was 13th July, 2004. After the petitioner enhanced her educational qualification in the relevant subject, the school authority adopted a resolution by recommending grant of higher scale of pay to the petitioner for her enhanced qualification. THE petitioner's prayer for higher scale of pay was rejected by the concerned District Inspector of Schools on the ground that since she enhanced her qualification without taking prior permission from the concerned District Inspector of Schools (S.E.), Murshidabad, she is not entitled to get higher scale of pay. THE said order of the District Inspector of Schools, contained in Annexure 'P-5' to this writ petition at page 27; is under challenge in this writ petition at the instance of the petitioner.
(2.) An identical question came up for consideration before this Court, in the case of Malek Khatun v. State of West Bengal & Ors.,2009 4 CalHN 440; wherein it was held that higher scale of pay cannot be denied on the ground that no prior permission was obtained for acquiring the higher qualification from the concerned District Inspector of Schools. Admittedly, the petitioner enhanced her educational qualification by acquiring Master Degree in the relevant subject prior to introduction of the West Bengal School (Control of Expenditure) Act, 2005 which came into operation on 26th December, 2005. As such, the petitioner's claim for higher scale of pay for her enhanced educational qualification, cannot be denied by referring to the provision contained in the said Act of 2005. Thus, this Court is of the view that the reasons for which the petitioner's prayer for grant of higher scale of pay was denied by the concerned District Inspector of Schools, cannot be sustained.
(3.) The impugned decision of the District Inspector of Schools (S.E.), Murshidabad, thus, stands quashed. The concerned authority is, thus, directed to grant higher scale of pay to the petitioner from the date following the last date of the M.Sc. Examination in which she appeared and came out successfully. Such exercise, including fixation of pay scale of the petitioner, should be completed within eight weeks from the date of communication of this order, so that all consequential benefits, including arrear claim, are paid to the petitioner within two weeks thereafter. The writ petition is, thus, disposed of.;