- (1.) THE Order of the Court was as follows : The writ application being W.P. 7926 (W) of 2009 was filed inter alia challenging Memo No. 295/G/S dated 17th June, 2008 rejecting the prayer of the petitioner, who was at the material time Assistant Teacher of Siliguri Hindu High School for Girls, for the higher post graduate scale of pay.
(2.) THE writ petition was moved on 9th July, 2009, whereupon His Lordship the Hon'ble Justice Soumitra Pal was pleased to issue directions for affidavits. No affidavit-in-opposition has, however, been filed. While the writ petition was pending, the'petitioner retired from service on 30th September, 2009. However, except for provident fund no pensionary benefits have been released to the petitioner, possibly because the writ petition is pending adjudication. The application being CAN 1491 of 2012 has been filed seeking orders on the respondents to release the pensionary benefits of the petitioner, after giving the petitioner the benefit of the post graduate scale of pay. The petitioner was appointed teacher of the school in the language group. The appointment of the petitioner was duly approved by the District Inspector of Schools (Secondary Education) with effect from 20th March, 1980. At the material time when the petitioner was appointed, the petitioner was not a post graduate. While the petitioner was in service, the petitioner sought permission to appear in the Master of Arts Examination in English as a private candidate.
(3.) THE petitioner was duly granted permission to appear for the Master of Arts Examination. No teacher can be prevented from improving his/her educational qualifications if prosecution of the course does not interfere with his/her duties as teacher in any manner. It is not in dispute that the petitioner has obtained the Master of Arts degree from Indira Gandhi National Open University. However, in the meanwhile West Bengal Schools (Control of Expenditure) Act, 2005, hereinafter referred to as the Control of Expenditure Act, came into force.;