Debasish Kar Gupta, J. - (1.) LET the affidavit of service be kept on record. This writ application is filed by the petitioner for granting post graduate scale of pay in his favour for obtaining M.Sc. Degree in Mathematics. Initially the appointment of the petitioner was made on recommendation of the West Bengal School Service Commission as an Assistant Teacher of Santoshpur Shyama Prasad Vidyalaya for Girls. District - South 24 -Parganas for the post of Assistant Teacher in Mathematics under honours graduate category. Thereafter the petitioner obtained prior permission from the Managing Committee of the above school for pursuing study in M.Sc. Course. She obtained M.Sc. Degree in the year 2006. Subsequently, the Managing Committee of the school forwarded her claim to the respondent No. 3 for extending the benefit of post graduate scale of pay with a forwarding letter dated July 24, 2012.
(2.) HAVING heard the learned counsel appearing for the respective parties as also after considering the facts and circumstances of this case I find that sub -section (3) of Section 14 of the West Bengal Schools (Control and Expenditure) Act, 2005 prescribes the entitles an assistant teacher of a recognised aided non -government institution to get post graduate scale of pay on obtaining post graduate degree in the manner prescribed therein. For the ascertaining the law the above provisions is quoted below: - "14(3) Every teacher of a school shall, if appointed in the Honours Graduate or Post Graduate teacher category, be entitled to draw pay of Post -graduate teacher category, upon acquiring Post -graduate degree, in the manner as may be specified by order." In exercise of power conferred by sub -section (3) of Section 14 of the West Bengal Schools (Control and Expenditure) Act, 2005 a Government Order No. 593 -SE(B) was introduced on November 27, 2007. For proper adjudication the relevant portion of the above Government Order is quoted below: - "3. The teacher is required to seek prior permission of concerned District Inspector of Schools (SE) (only when he/she wants to claim additional increment/higher scale of pay etc. for obtaining such higher qualification) through the Managing Committee of the School."
(3.) IT is not in dispute that the petitioner did not approach the concerned District Inspector of Schools through the Managing Committee for obtaining prior permission for enhancement of her qualification.;