SHIVAKANT PRASAD,J. - (1.) The petitioner was selected against regular vacancy in the post of Assistant Teacher in Geography (Pass) in the Talit Goureswar High School as per Section 9(1) of the WBSSC Act, 1997 read with Rule 17(2) of the West Bengal School Service Commission (Selection of Persons for Appointment of Teachers) Rules, 2007 and was appointed as Assistant Teacher (Geography) pass graduated in the said School and his appointment as an Assistant Teacher in Geography (Pass) was approved by the D. I. of School on a salary as admissible under the rules with effect from 06.8.2010 on usual terms and conditions.
(2.) The petitioner has been taking classes in Geography in the Higher Secondary Section as the Geography teacher of Higher Secondary Section, after resigning joined another school as Headmaster. It is stated that the petitioner made a representation dated 27.2.2013 before the District Inspector of Schools (SE), Burdwan intimating the aforesaid facts and prayed to give necessary permission to the school authority to absorb him in the post Graduate post in Geography as per the judgment of the Hon'ble High Court, Calcutta. It is submitted that in a similar and identical matter, this Hon'ble Court held that there could be no justification in discriminating against employees appointed through the School Service Commission and denying them with all practical purposes of the benefit of higher scale upon improvement of qualification in a relevant teaching subject and the Government order dated 13.7.1999 being prospective, the same discriminates between Assistant Teachers appointed to aided and non -governmental schools before 13th July, 1999 and those appointed after 13th July, 1999 and also between Assistant Teachers of such schools who improved their qualifications before 13th July, 1999. The Hon'ble Court further held that the Government order dated 13th July, 1999 in so far as the same purports to amend paragraph 12(3) of the Government order dated 12th February, 1999 is discriminatory, violative of article 14 and of no effect.
(3.) The Managing Committee of the said school in its meeting dated 09.3.2013 resolved to move the District Inspector of Schools (SE), for grant of higher post graduate scale of pay to the petitioner keeping intact the post of Geography Pass as the petitioner is regularly taking classes in Geography in the higher secondary section. It is contended that the petitioner is the only teacher in Geography in the higher secondary section of the said school and it is evident from the staff pattern that none other teachers are teaching in the same subject and as per the Government circulars and orders issued in this regard, the petitioner is certainly entitled to get higher post graduate scale of pay as the students of the said school are immensely benefited for such higher education acquired by the petitioner.;