ASHOKE KUMAR DASADHIKARI,J. - (1.) The grievance of the writ petitioner in this writ application is against the impugned memo dated 10th June, 2009 issued by Mr. D.G. Ghatak for the Director of School Education, West Bengal wherein the petitioner's entitlement for getting higher scale of pay for his improved qualification is rejected.
(2.) Mr. Bari, learned Counsel appearing for the writ petitioner submits that the concerned teacher has completed his higher studies sometime in the year 1982 and since then he was getting higher scale of pay on the basis of the relevant circular applicable at that relevant time. Such benefit was enjoyed till the date of his retirement but unfortunately at the time of calculation of the pensionary benefit the concerned Director of School Education did not consider the aforesaid facts.
(3.) Mr. Bari submitted that the provisions of Section 14 of the West Bengal Schools (Control of Expenditure) Act, 2005 has come into effect in the year 2005 which is not applicable in the instant case.;