Samapti Chatterjee, J. - (1.) The petitioner has filed this writ petition under Article 226 of the Constitution assailing an order dated November 16, 2015 (page 57, Annexure P/8) passed by the District Inspector of Schools (SE), Malda thereby rejecting the petitioner's prayer for enjoyment of higher scale of pay as he has already acquired MM qualification in 2004.
(2.) Case of the petitioner is as follows. He obtained MM qualification sometime in 2004, and in 2007 he participated in an examination as a passed category candidate for the post of assistant teacher. The MemberSecretary, Committee for selection of teachers in Madrasahs recommended the petitioner for appointment as an assistant teacher in Gopalpur Durgapur Senior Madrasah, district Malda on October 1, 2008. The District Inspector of Schools on the basis of the said recommendation approved the appointment of the petitioner. On October 29, 2008 the petitioner was appointed assistant teacher having MM qualification with Kamil. The Government of West Bengal by Notification No.1040/MD dated July 17, 2008 declared MM qualification as the equivalent to the Post Graduate degree on and from 1998 onwards. Thereafter the Government by a subsequent notification dated January 30, 2009 being No.150-MD clarified that the candidates, who acquired MM qualification with effect from 1998 onwards, are entitled to enjoy the pay scale of Rs.6000-12000.
(3.) Relevant portions of the Government notifications dated July 17, 2008 and January 30, 2009 are quoted below: JUDGEMENT_115_LAWS(CAL)12_2016_1.html;