PRASENJIT MANDAL, J. - (1.) THIS application is at the instance of a teacher of Hooghly Gourhari Harijan Vidyamandir and is filed for issuance of a writ of mandamus commanding the respondents to grant higher scale of pay (Post Graduate Scale of Pay) w.e.f. August 4, 2005 i.e. the last date of M.SC. examination and other consequential reliefs.
(2.) THE short fact necessary for the purpose of this case is that the writ petitioner was appointed as Assistant Teacher of Physics in Hooghly Gourhari Harijan Vidyamandir on December 16, 2003 having the qualification of B.Sc. honours in Physics through the West Bengal Regional School Service Commission, Eastern Region, Burdwan. Before the appointment, the petitioner passed the M.Sc. Part-I Examination, 2003 in Physics from the University of Burdwan in the Session 2002-04, but, he could not appear for his M.Sc. final examination 2004 inasmuch as he joined the school on December 16, 2003. After joining the school, he submitted a letter seeking permission to complete his M.Sc. course in Physics. He was granted study leave for the purpose without pay and then he took readmission to the 2nd year classes of M.Sc. course in Physics during the Academic Year 2004-05. After completion of his examination, he joined the school again on August 8, 2005. He submitted a representation for granting him the Post Graduate Scale of Pay to the Secretary of the concerned school. Even he issued a reminder, but, no result. So, this application has been preferred. Upon hearing the learned Counsel for the parties and on going through the materials on record, I find that the facts as recorded above are correct. Though the petitioner prayed for permission from the school authority, he did not seek any permission from the concerned District Inspector of Schools for appearing at the Part- II examination in Physics. Anyway, the school authority granted the study leave for completing his M.Sc. course and after completion of his course, he succeeded in passing the M.Sc. Part- II Examination in 2005.
(3.) THIS being the position, I find that the writ petitioner has increased his qualification i.e. the post graduate degree over the subject in which he was appointed in the said school. Since the development is from B.Sc. honours to M.Sc. in Physics course, being on the selfsame subject, I am of the view that the respondents particularly the District Inspector of Schools should be directed to consider the representation of the petitioner for an appropriate decision within a certain period. Accordingly, the application is allowed.;