- (1.) The petitioner has filed the present writ petition assailing the impugned order dated 29th March, 2014 issued by District Inspector of Schools (S.E.), Barrackpore, North 24-Parganas whereby the petitioners claim for grant of higher pay scale has been rejected by the concerned District Inspector of Schools (S.E.) on the following grounds: "Selina yeasmin (petitioner) was approved in the post of Assistant Teacher with initial qualification B.A. as Pass Degree Holder in Bengali under language group in Virati Vidyalaya For Girls (H.S.) with effect from 01.07.1999 in terms of the recommendation of the West Bengal Regional School Service Commission (Southern Region) vide Memo No. 1734 (Beng)/RSSC(SR)/290 dated 21.6.1999. The petitioner opted herself as a pass candidate. On the basis of the result of the Regional Level Selection Test she was empanelled in the panel of Bengali pass and she was recommended to Virati Vidyalay for Girls for appointment to the post of Assistant Teacher in Bengali as a Pass Degree Holder. Accordingly, the petitioner was appointed as Assistant Teacher in pass graduate teacher category with pass graduate scale of pay. Subsequently, the petitioner enhanced qualification by obtaining M.A. in Bengali in the year 2000. The prayer of the petitioner for granting post graduate scale of pay for acquiring M.A. in Bengali could not be considered since the petitioner was appointed and approved in the post of Assistant Teacher as Pass Degree Holder in Bengali in terms of the recommendation of the West Bengal School Service Commission (Southern Region)."
(2.) The petitioner was a graduate with Bengali and she was selected by the School service Commission, Southern Region on 21st June, 1999 for appointment as an Assistant Teacher of Bengali of Birati Vidyalaya for Girls (H.S.), District-North 24-Parganas. As per the recommendation of the School Service Commission, the petitioner joined on 1st July, 1999 to the said school and subsequently on 30th July, 1999 her appointment was approved by the concerned District Inspector of Schools (S.E.). prior to joining to the said school as an Assistant Teacher, the petitioner took admission in M.A. and after joining she completed M.A. in Bengali from Rabindra Bharati University. So she joined as a graduate teacher. The petitioner applied for grant of post graduate scale of pay to the Managing Committee of the said school. Thereafter, the Managing Committee by its resolution dated 25th September, 2004 held in favour of the petitioner. Immediately thereafter, the School Authority forwarded their decision to the concerned District Inspector of Schools (S.E.) for granting higher scale of pay in favour of the petitioner as the petitioner enhanced his qualification in M.A. in Bengali which is the relevant subject and group. But unfortunately since no decision was taken by the District Inspector of Schools (S.E.) for granting higher scale of pay in favour of the petitioner as he acquired M.A. in Bengali subject which is the relevant subject and group. Finding no other alternative, the petitioner filed a writ petition in this Hon'ble Court for ventilating his grievances. The said writ petition being W.P. No. 19757(W) of 2004 was disposed of on 10th January, 2014 with the direction upon the authority specially upon the respondent no. 3, District Inspector of Schools (S.E.), Barrackpore to consider the petitioners grievances within six weeks after giving an opportunity of hearing to the petitioner. Thereafter, the said District Inspector of Schools (S.E.), Murshidabad by its impugned order dated 29th March, 2014 rejected the petitioners prayer on the aforesaid ground for enjoyment of higher scale of pay as he has enhanced his qualification that is to say M.A. in Bengali relevant subject and group.
(3.) Mr. Bari, learned advocate for the petitioner submits that those ground by which the petitioners claim for enjoyment of higher pay scale as she has acquired post graduate qualification in relevant subject that is to say M.A. in Bengali. Therefore, rejection of his prayer by the concerned District Inspector of Schools (S.E.) on the ground that she was recommended by School Service Commission as pass category holder.;