JYOTIRMAY BHATTACHARYA, J. - (1.) THIS mandamus appeal is directed against an order passed by the Learned Single Judge of this Court on 2nd May, 2006 in W.P. No. 5280 (W) of 2006. Admittedly, he was appointed as an Assistant Teacher in the normal section. At the time of his appointment, he was graduate. Subsequently, he passed B.Ed. examination in the year 1984. He also enhanced his educational qualification after passing M.Sc. (Education) examination in the year 1989.
(2.) THE concerned school authority was accorded provisional recognition for introducing Higher Secondary General Stream courses with effect from 2004 -2005 academic session. Since he had requisite qualification for teaching the students of Higher Secondary Section, the school authority submitted an application to the concerned District Inspector of Schools (SE), Barrackpore for conversion of one post from normal section to Higher Secondary Section so that the petitioner who had requisite qualification for teaching students in Higher Secondary Section, can be transferred to the higher secondary section. No decision was taken by the concerned District Inspector of Schools (SE) on the said application submitted by the school authority. Hence, the petitioner filed the writ petition seeking issuance of direction upon the concerned District Inspector of Schools (SE) for early consideration of the school 's proposal for conversion of one post from normal section to Higher Secondary Section. The said writ petition was ultimately dismissed by the Learned Single Judge of this Court on 2nd May, 2006 holding, inter alia, that the petitioner cannot be granted higher scale of pay for his enhanced educational qualification in view of the provision contained in the West Bengal Schools (Control & Expenditure) Act, 2005.
(3.) THE legality and/or propriety of the said order of the Learned Single Judge is under challenge in this mandamus appeal. In course of hearing of this appeal, we are informed by the Learned advocate appearing for the appellant that the appellant has already retired on superannuation in the year 2012.;