Abhijit Gangopadhyay, J. - (1.) The petitioner is a Teacher of Language Group under pass category of a School namely Kishore Vidyapith which is a School recognised by the West Bengal Board of Secondary Education. The petitioner was appointed on recommendation of the West Bengal Regional School Service Commission, Southern Region under Memo dated 17th February 2006. He joined the post on 13th March, 2006. His service was approved by the concerned District Inspector of Schools (Secondary Education), hereinafter referred to as the DI, on 25th August 2006 with effect from his date of joining.
(2.) The case of the petitioner is that before his appointment in the School as an Assistant Teacher the petitioner completed M.A. part-I examination in English from Netaji Subhas Open University through correspondence course in the year 2007. The M.A. part-II examination was completed on 22th July, 2007. The petitioner qualified in the M.A. examination. After obtaining M.A. degree i.e. the Post Graduate degree he prayed for higher scale of pay before the Secretary of the Managing Committee and the said Secretary transmitted the prayer of the petitioner to the DI on 16th July, 2013. As the DI did not take any step in response to the petitioner's prayer, the petitioner filed a writ application being W.P. No. 2372 (W) of 2014 in this Court. This Court directed the DI to consider the application for higher scale of pay. The DI pursuant to the order of this Court heard the petitioner and others on 28th April, 2014 and by his Memo No 157/Law dated 3rd June, 2014 passed a reasoned and speaking order whereby the prayer of the petitioner was rejected. By filing the present writ application he is challenging the said order of the DI. The present writ application has been filed on the grounds that before joining the School the petitioner completed his M.A. Part-II examination. The last date of M.A. Part-II examination was 22nd July, 2007. It is not understood how the petitioner who joined the School on 13th March, 2006 and completed the M.A. Part-II examination in 2007 can say that he completed M.A. Part-II examination before joining School. His other grounds are that the DI relied upon one Government Order No. 155-SE (B) dated 17.01.1999 which had already been quashed and therefore, the Order of the DI was bad. The writ petitioner has pleaded four other grounds which are absolutely of no merit.
(3.) The petitioner has relied upon the following three judgments and in the submission has relied upon Revision of Pay and Allowances Rules 1990 and 1998. The three judgments are as follows: (i) Smt. Nita Dey Chandra -versus- The State of West Bengal & Ors., 2015 1 CalLJ 24 (Cal). (ii) W.P. No. 27966 (W) of 2006, Swapan Kumar Mandal - versus- State of West Bengal, 2016 4 CalHN 500 (Cal). (iii) W.P. No. 15866 (W) of 2000, Sampa Sahu (Mondal) -versus- State of West Bengal & ors., 2009 1 CalLJ 817.;