Sadhan Kumar Gupta, J. - (1.) The writ petition is taken up today for passing order.
(2.) The case of the petitioner is that he was appointed as an Assistant Teacher of Work Education group in Nabajiban Colony, Nabajiban Vidyamandir (H.S.), hereinafter referred to as the 'school' with effect from 22.4.1976. Said school is a recognised institution under the West Bengal Board of Secondary Education. The appointment of the petitioner was approved by the D.I. of Schools with effect from 22.4.1976. After obtaining permission from the school, the petitioner passed the B.A. in History in the year 1988 and thereafter M.A. in History in the year 1990. The petitioner prayed before the school authority for changing of the group and accordingly the petitioner's group was changed from Work Education to Social Science from the year 1986. This change of group was approved by the A.D.I. of School, North 24-Parganas as it appears from the staff pattern of the said school. Consequent to his obtaining Master degree, the petitioner was granted higher scale of pay with effect from 17.8.1990 and accordingly his pay was fixed by the D.I. of Schools and he was granted the post-graduate scale of pay. The petitioner, on the basis of such higher scale of pay submitted option form and the said form was duly countersigned by the D.I. of Schools on 20.3.1999. The District Inspector of Schools (S.E.) wrote a letter to the Director of School Education on 14.1.2003 in respect of approval of the higher scale of pay as was granted in favour of the petitioner. As the Director of School Education did not take any action in this respect, so the petitioner submitted representations from time to time. At last, the petitioner received a letter from the Director of School Education on 31.7.2008 wherein the Director of School Education informed the petitioner that his prayer for higher scale of pay was rejected. In the said letter of the Director of School Education, it was mentioned that as per sub-section (2) of section 14 of the West Bengal Schools (Control of Expenditure) Act, 2005 and para 7 of G.O. No 593-SE(B) dated 27.11.2007 higher scale of pay, as was granted in favour of the petitioner could not be approved.
(3.) Being aggrieved by the decision of the said Director of School Education, the petitioner has preferred this writ application praying for setting aside the said order of the Director and to pass consequential direction.;