Joymalya Bagchi, J. - (1.) THIS writ petition has been filed by the writ petitioner, inter alia, challenging the impugned order dated 22.03.2006 passed by the District Inspector of Schools, respondent no. 3 herein, rejecting the prayer of the petitioner for higher scale of pay for possessing Post Graduate qualification, namely, Master in Physical Education (M.P.Ed.).
(2.) THE petitioner was appointed as an Assistant Teacher on 16.08.1999 in Work Education and Physical Education Group in Bartala Madhyamik Vidyalaya (Boys) after being sponsored by West Bengal Regional School Service Commission and his service was approved with effect from 30.08.1999 by the District Inspector of Schools. At the time of his appointment, the petitioner possessed Master Degree in Physical Education, a Post Graduate qualification in respect of the subject for which he was appointed. On 05.02.2001 the petitioner made a representation for higher scale of pay for possessing Post Graduate Degree through Managing Committee of the school to the District Inspector of Schools. Since no steps were taken the petitioner was constrained to move a writ petition before this Court being W.P. No. 24433 (W) of 2005. The learned Single Judge of this Court directed the District Inspector of Schools to dispose of the writ petition within a specified time. The District Inspector of Schools by the impugned order dated 23.03.2006 rejected the prayer of the petitioner, inter alia, referring the Government Order bearing No. 155-SE (B) dated 13.07.1999 wherein it is provided that if a teacher is appointed through West Bengal School Service Commission his pay will be fixed in the scale of pay as per qualification mentioned by the West Bengal School Service Commission.
(3.) THE learned lawyer appearing for the petitioner submits that the impugned order passed by the District Inspector of Schools is contrary to the law declared by the Court in the case of Partha Chatterjee Vs. State of West Bengal reported in 2004 (2) CLT 610 and other unreported decisions of this Court dated 22.09.2004 in W.P. No. 2020 (W) of 2002 and in W.P. No. 13029 (W) of 1999 dated 15.11.2000. The learned lawyer appearing for the State submits that in view of the said Government Order the petitioner is not entitled to the relief as claimed. I have considered the submission of the parties and the materials on record. It appears that the self-same issue fell for decision before this Hon'ble Court in the aforesaid decisions cited by the learned lawyer for the petitioner. In the said decisions, this Court interpreting the said Government Order dated 13th July, 1999 held that a teacher possessing Post Graduate Degree in Physical Education in the relevant teaching subject at the time of his appointment would be entitled to higher scale of pay irrespective of the qualification mentioned by the School Service Commission in his recommendation and irrespective of the minimum requisite qualification for the said post.;