Debangsu Basak, J. - (1.) A memo dated September 15, 2011 issued by the District Inspector of Schools (S.E.), Krishnagar, Nadia is under challenge in the present writ petition. By such memo, a request for higher scale of pay consequent upon obtaining of higher qualification was rejected on the ground that, the petitioner did not obtain prior permission.
(2.) Learned senior advocate appearing for the petitioner relies upon (Pampa Das v. The State of West Bengal & Ors., 2012 1 CalLJ 349) and (Maleka Khatun v. State of West Bengal & Ors.,2009 4 CalHN 440) in support of his contention that, prior permission is not required to obtain or acquire higher qualification and that, the absence of prior permission cannot be made a ground for the purpose of denying benefit of higher scale of pay.
(3.) Learned advocate appearing for the State relies upon the Government Order No.548-SE(S) dated June 24, 1997 and submits that, there was a Government Order requiring the petitioner to obtain prior permission. He relies upon a judgment and order dated September 4, 2015 passed in W.P. No.33293 (W) of 2014 (Md. Rahim Sk. v. The State of West Bengal & Ors.) and submits that, since the petitioner does not have prior permission, no relief can be granted.;