JUDGEMENT
PRASENJIT MANDAL, J. -
(1.) THIS application is at the instance of a
teacher and is filed for issuing a writ in the nature of mandamus
commanding the respondent authorities to release and pay all
arrear salaries to the petitioner along with interest on the basis
of revised scale of fixation of pay on enhancement of the
qualification.
(2.) THE question involved in the matter is whether the petitioner being an Assistant Teacher of a school is entitled to higher scale
of pay on enhancement of his educational qualification on the
relevant subject by acquiring M.A. Degree in English from Rabindra
Bharati University in the year 2001 by attending the regular
evening session without hampering his duties of teaching of the
school concerned.
As noted in the above paragraph, upon taking permission of the Managing Committee of the concerned school, the petitioner
enhanced his degree of M.A. in English in the year 2001 and
thereafter, he prayed for allowing the Post Graduate scale of pay.
Accordingly, the writ petitioner was allowed the Post Graduate
scale w.e.f. the date following the last date of examination of
his subject by the order dated September 23, 2005 issued by the
Government of West Bengal to the Commissioner of School Education.
(3.) THEREAFTER , by a letter dated March 21, 2006, the Commissioner of School Education wrote to the District Inspector
of Schools (S.E.), Purba Medinipur to the effect that there should
not be any bar in fixation of pay to the incumbent in the revised
scale as sanctioned by the School Education Department in the Memo
dated September 23, 2005.;
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