DEBASISH KAR GUPTA,J. - (1.) This writ application is directed against an order dated May 23, 2007 passed by the respondent No. 3 rejecting the claim of the petitioner for granting post graduate scale of pay in his favour in connection with his service as an Assistant Teacher of Deulgram Mankarbakshi High School, P.O. Mankurbakshi, District-Howrah.
(2.) The petitioner was appointed by the Managing Committee of the above school in the post of Assistant Teacher in science group with effect from May 10, 1989. At that point of time, the academic qualification of the petitioner was B.Sc. (Hons.), B.Ed. The above appointment of the petitioner was approved by the District Inspector of Schools (SE), Howrah, under his communication dated May 23, 1990. The Managing Committee of the school adopted a resolution in its meeting dated July 3, 1999 to allow the petitioner to pursue study in M.Sc. (Physics) from the Jadavpur University in Evening Session. In 2001, the petitioner passed Part-I M.Sc. (Physics) Examination from the Jadavpur University. During summer holidays of the school in 2002, the petitioner appeared in Part-II Examination in respect of the above course. The West Bengal Board of Secondary Education approved the study leave on full pay to the petitioner for the period in which the petitioner appeared in M.Sc. (Physics) Part-I Examination. The Managing Committee of the above school adopted a resolution in its meeting dated October 18, 2004 extending the benefit of post graduate scale of pay in his favour.
(3.) Having heard the learned Counsel for the respective parties as also after considering the facts and circumstances of this case, I find that the respondent No. 3 rejected the claim of the petitioner on the ground that no prior permission had been obtained from the District Inspector of Schools concerned for enhancing his academic qualification, therefore, the petitioner was not entitled to get the above benefit for violation of the Government Order No. 548-SE(S) dated June 24, 1997. For proper adjudication the issue involved in this case, the above Government Order is quoted below: JUDGEMENT_292_LAWS(CAL)1_2012_1.html To: The Director of School Education, West Bengal. Sub : Recognition of correspondence courses conducted by the different Universities of India. The undersigned is directed by the order of the Governor to say that henceforth all the teachers teaching in different state-aided schools will have to take prior permission from the District Inspector of Schools (SE) through the Managing Committee, Ad-hoc Committee/Administrator as the case may be if they like to enroll themselves and to appear for the examination conducted through Correspondence/Distance Mode of education from the UGC affiliated universities. The Managing Committee of the concerned school shall send such cases to DI(SE) for approval along with their comments, including, inter alia, the relevance of the subject of higher studies and also whether such higher studies are likely to affect the duties of the teacher in the school. Sd/- B.M. ThakurO.S.D. & Ex-Officio Deputy Secretary.";