- (1.) The subject matter of challenge in the instant writ application is an order dated 30th of July, 2007 passed by the respondent No. 2 refusing the petitioner's prayer for grant of higher scale of pay on the basis of his qualification as Master of Physical Education. Mr. Ali, learned Advocate appearing for the petitioner, submits that upon emerging to be successful in a selection process, the petitioner was appointed to the post of Assistant Teacher in Work Education and Physical Education at Dhulai R.K.M. Vidyamandir (H.S.) (hereinafter referred to as the said school). Such appointment of the petitioner was approved vide memorandum dated 7th of March, 1995 issued by the respondent No. 3 with effect from 16th of December, 1994.
(2.) Mr. Ali further submits that for the academic interest of the students at large, the petitioner applied to the school authorities for grant of necessary permission to pursue the Master of Physical Education Degree Course. Such prayer was duly granted by the school authorities and the petitioner, accordingly, pursued, the said course without hampering his normal duties.
(3.) Mr. Ali further submits that upon acquiring the said higher qualification, the petitioner approached the authorities for grant of postgraduate scale of pay and as such the prayer was not considered, the petitioner was constrained to move this Court under Article 226 of the Constitution of India in W.P. 21882 (W) of 2004. Upon contested hearing, the said application was allowed on 4th of October, 2005 directing the respondent No. 2 to consider the petitioner's claim for grant of post-graduate scale of pay. Pursuant to the said order, the petitioner's claim was considered and rejected by the order impugned in the instant writ application.;