Pratap Kr. Ray, J. - (1.) In this writ application, the writ petitioner, an Assistant Teacher of a Junior High School, now upgraded to a High School has prayed for post graduate pay scale in view of enhancement of his qualification with Master of Education degree of Viswa Bharati University. The petitioner earlier came in the writ court with the same prayer when by the order dated 8.12.97 R. Bhattacharyya, J, in W.P. No. 16980 (W) of 1997 directed the Director of School Education West Bengal to consider the case of the petitioner in terms of Memo No. 33-Edn. (B)dated 7.3.90, as the petitioner submitted before the court that in terms of the said memo, he was entitled to get higher pay scale, that is post graduate pay scale.
(2.) In pursuance of such order, the Director of School Education heard the matter and rejected the prayer of the petitioner by his decision dated 30.3.99 upon holding, inter alia, that the said Government order had no applicability as the qualification M.Ed. of Viswa Bharati University was not at all a relevant qualification relating to the subject Mathematics which is the "subject of teaching" of the petitioner in the school in question.
(3.) It is submitted by the learned Advocate of the petitioner that in terms of the aforesaid Government order, the petitioner is entitled to get the post graduate pay scale, as Master of Education degree is very much relevant relating to the subject Mathematics even if the petitioner is an Assistant Teacher of a Junior High School imparting Mathematics to the students concerned. It is contended that Master of Education degree would enhance the teaching quality of the petitioner to deal with the Mathematical problems of the students concerned. It is further submitted that the said M.Ed. degree of Viswa Bharati University has been declared as Master Degree in other subjects by Sujit Barman Roy, J, of this court in C.O. No. 4155 (W) of 1996. It is further contended that Viswa Bharati University also has considered the same as a Master Degree in terms of its communication dated 15.2.83 as appearing at page 31 annexure 'G' to the writ application. It is the submission that the petitioner is entitled to get the higher pay scale. None appears for the respondents.;