Debasish Kar Gupta, J. - (1.) This writ application is directed against an order passed by the respondent no. 3 under Memo No. 546/(4)LS dated July 03, 2013. The impugned order was passed in compliance of an order dated April 11, 2013 passed in the matter of Chandra Tanti Vs. State of West Bengal & Ors. (In Re : W.P.No. 9347(W) of 2013).
(2.) By virtue of the impugned order the claim of the petitioner for awarding post graduate scale of pay to him in connection with his service as an Assistant Teacher of Begri Girls' High School (H.S.), District - Howrah was rejected with the following observations :- "The following facts emerged out. (1) The petitioner, Smt. Chandra Tanti, was appointed as an Assistant teacher w.e.f. 01.11.2007 with qualification B.Sc (Hons) in Physics to Begri Girls' High School, P.O. Begri, District - Howrah on tejmporary basis. Substantive basis approval was issued w.e.f. 01.11.2009 by the District Inspector of Schools (S.E.) Howrah bearing Memo No. 0911(7) M dated 04.01.2012. The petitioner was appointed to the additional post under the G.O.No. 12308-G.A. dated 26.12.2005 (S.S.A.). (2) The petitioner completed M.Sc. degree for the Service 2005.07 as a regular candidate. Before her appointment she completed M.Sc. Part-I and after joining the she she completes M.Sc. Part-II as a regular candidate with requisite attendance and passed in the year 2008. M.Sc. Part-II Examination was held on in summer vacation from 15.05.2008 to 26.5.2008. (3) After obtaining the Post Graduate Degree in the relevant subject the petitioner prayed for higher scale of pay before the Secretary of the Managing Committee and the Managing Committee adopted a resolution on 16.10.2012 recommending the Post Graduate scale of pay for the petitioner. Now, the District Inspector of Schools (S.E.) Howrah has to follow the G.O.No. 593-SE(B) dated 27.11.2007. The observations are noted below :- (a) Prior permission to appear for M.Sc. Part-II Examination was not forwarded to the District Inspector of schools (S.E.) Howrah by the Managing Committee. (b) The Petitioner as a regular candidate in the subject subject Phuysics never applied for study leave/ special leave with the resolution of Managing Committee to the West Bengal Board of Secondary Education. She appeared the M.Sc. Part-II Examination in the summer vacation but how did she acquire requisite attendance in the M.Sc. Part-II classes without applying/enjoying leave. (e) Staff Pattern of the school is perusued .07 (seven teachers are already approved to draw Hons/ Post Graduate scale of pay in the science group which is above 50% violating the G.O.No. 670-SE(S) dated 04.9.98. So considering the above facts the District Inspector of Schools (S.E.) Howrah is not in position for granting higher scale of pay to the petitioner Smt. Chandra Tanti. The matter is thus disposed of. All concerned be informed accordingly."
(3.) Having heard the learned counsel appearing for the respective parties as also after considering the facts and circumstances of this case I find that the petitioner joined her service under reference with effect from November 01, 2007.l At that point of time his name was recommended by the School Service Commission concerned under the Honours Graduate Category. It is not in dispute that she completed M.Sc.Part-I in relevant subject at the time of joining of the service. Subsequently, she appeared in M.Sc.Part-II examination during the period of summer vacation of the school. The last date of examination being May 26, 2008. For adjudication of the issue of obtaining prior permission appeared in the above Part-II examination the provision of Clause (1) of G.O. No. 593-SC(6) dated November 27, 2007 is quoted below :- "1. All the teachers teaching in different State Aided Schools will have to take prior permission from the Managing Committee/ Adhoc Committee/ Administrator as the case may be to enroll themselves and to appear for any examination for enhancement of educational qualification. The Managing Committee being 'Competent Authority' in such cases will take a decision in its next meeting and convey its decisionto the teacher concerned immediately. A copy of the decision of the Managing Committee will be forwarded to the office of the DI of Schools (SE) of the concerned district.";