Jayanta Kumar Biswas, J. - (1.) The petitioner is questioning the order of the District Inspector of Schools (SE), Murshidabad dated December 17th, 2004 rejecting his request for extension of benefit of higher scale of pay for possessing higher qualification.
(2.) On December 1st, 1994 the petitioner was appointed as an assistant teacher of the school. He had a bachelor's degree, though by mistake in the approval order it was mentioned that he possessed a master's degree. Subsequently he obtained a master's degree. He claimed that with effect from December 14th, 2004 he became entitled to get higher scale of pay, since he obtained a master's degree, a higher qualification. His claim was turned down by the district inspector of schools, and questioning the decision the present writ petition has been taken out.
(3.) Counsel for the petitioner argues that the decision of the authority being a non speaking one is liable to be set aside. Counsel for the state submits that in view of the position of law existing now there is no scope to reconsider the petitioner's request. He says that according to the provisions of the West Bengal Schools (Control of Expenditure) Act, 2005, section 14(2), no teacher of a school is entitled to claim any additional increment or higher scale of pay on acquiring any qualification other than the qualifications specified for the post. Counsel for the petitioner submits that provisions in section 16 of the Act protected the teachers' entitlement to the benefit, since the existing terms and conditions of the teachers are not to be affected by the provisions of the Act.;