SAMBUDDHA CHAKRABARTI, J. - (1.) BY this writ petition the petitioner has inter alia prayed for a writ in the nature of Mandamus commanding the respondents to grant him higher scale of pay as an approved teacher in Bengali in the school concerned and to rele ase all arrear dues to him and for other reliefs.
(2.) THE case of the petitioner inter alia is that on July 6, 1996 he was appointed as an Assistant Teacher in the language group in Krishnaganj Krishi Shipla Vidyalaya in the district of Purba Midnapore. His appointment was subsequently approved by the District Inspector of Schools (SE), Purba Midnapore. The petitioner wanted to prosecute M.A. studies in Bengali. The school authority granted permission to do the same from the university as a private candidate and leave was granted by the West Bengal Board of Secondary Education. He passed the Part I of the M.A. examination in 1997 and the Part II examination in 1998. The date of publication of the result was February 19, 1999. The Part II examination ended on November 26, 1999. After passing the M.A. examination he made prayer to the authorities to grant higher scale of pay in the relevant subject. The school authorities issued certificates in favour of the petitioner inter alia to the effect that he was eligible to enjoy the higher scale of pay after enhancing his qualification in a subject relevant to his teaching and the school authorities had in fact allotted him several classes in Bengali from Class IX to XII.
(3.) ACCORDING to the petitioner by an office order, dated November 22, 1993 it was clarified that all such teachers of the secondary schools and junior high schools including Madrasahs with higher qualification of post -graduate degree or the equivalent in the relevant subjects would get higher scales of pay in relaxation of the staff pattern as noted in the said circular. According to him since he was appointed as an Assistant Teacher in Bengali and had improved his qualification in the relevant subject of teaching the authorities could not deny to legitimately the right of enjoying higher scale of pay from 1998 taking into consideration the office order referred to above.;