Arijit Banerjee, J. - (1.) Affidavit-Of-Service filed in Court today be kept with the record.
(2.) The petitioner completed her M.Sc. Part - I examination and then joined the school in question. Thereafter, with prior permission of the school authorities, she completed her M.Sc. Part - II examination. Her claim for post graduate scale of pay has been turned down by a Memo dated October 13, 2016 issued by the D. I. of Schools (SE), Cooch Behar on the sole ground that the petitioner did not obtain prior permission from the office of the D. I. of Schools before obtaining her Master's degree. Recording the above reason in the said Memo, the D. I. of Schools forwarded the papers under cover of the said Memo to the Commissioner of School Education, West Bengal for necessary orders. This Memo of the D. I. of Schools is under challenge in the present writ application.
(3.) Mr. Bari, learned counsel appearing for the petitioner, submits that firstly, the Commissioner of School Education is not the authority for granting the higher scale of pay. It is the D. I. of Schools who is the appropriate authority. Secondly, no prior permission of the office of the [1] was necessary in this case since the petitioner was already enrolled on the Master's course and had completed the M.Sc. Part - I examination as on the date of the joining of the school. Hence Memo No. dated November 27, 2007 would have no manner of application to the petitioner.;