Jayanta Kumar Biswas, J. - (1.) The petitioner is aggrieved by the decision of the director of school education dated May 2nd, 2006 rejecting her request to give her benefit of higher scale of pay for possessing a master's degree. She was appointed as an assistant teacher in Mithani H.S. School, Burdwan on April 18th, 1990. Admittedly, she was appointed as a graduate category teacher, though she was possessing a master's degree, not an essential qualification for the post.
(2.) She made representations to the authorities for higher scale of pay in terms of certain Government orders and circulars issued in 1993 and 1998. Since benefits were not given, she moved a writ petition before this court in 2005. That was disposed of by an order dated April 13th, 2005 directing the director of school education to give a reasoned decision. This is how the impugned decision came to be given.
(3.) The director noticed, "In the prior permission the essential qualification was mentioned as B.A., B. Ed and in the approval of appointment it is shown that the incumbent was B.E. B. Ed. It appears from the records that in the language group there are 9 teachers of which five are enjoying higher scale. As per extant G.O. No. 772-Edn dated 8.7.74 with G.O. No. 670-SE (S) dated 4.9.98 teaching posts for Hons/Master degree holders shall be limited to 50% of that group. This is to note that any recommendation by any officer beyond the norms is no recommendation and illegal.";