SHAMPA SARKAR,J. - (1.) Heard the learned Advocates for the respective parties.
(2.) The short point involved in this writ petition is whether the petitioner was entitled to higher scale of pay upon enhancing his qualification of post graduation in history through a correspondence course offered by the Burdwan University, without prior permission from the concerned District Inspector of Schools (Secondary Education).
(3.) The facts of the case are that the service of the petitioner as an Assistant Teacher of Gorkhara Vidyamandir (High), P.O. Sonarpur, District?South 24?Parganas was approved by the District Inspector of Schools by a Memo dated June 9, 1999. The petitioner was approved as a teacher in the Social Science Group. The petitioner admittedly took the permission from the managing committee of the concerned school and enrolled himself in the MA course in the year 1998, when he was working as an organising teacher and there was no scope of taking prior permission from the District Inspector of Schools (Secondary Education). The petitioner continued the correspondence course and completed the course in the year 2001. The last date of examination was December 10, 2000. The school authorities on the prayer of the petitioner recommended the case to the District Inspector of Schools (Secondary Education), South 24?Parganas for grant of higher scale of pay. The District Inspector of Schools rejected the claim of higher scale of pay of the petitioner by a Memo No.77/Gen dated January 14, 2003 and the same is quoted below: "In reference to the subject cited above, the undersigned has to inform him that Sri Mohitosh Das, B.Sc(Pure) B.A. spl. Asstt. Teacher is Social Science Group of his School, has already been admitted without permission of the D.I./S(SE) out of his own accord. So the question of according prior permission does not arise at this stage. moreover as no prior permission had been sought for before and no prior permission had been obtained, this office will not be in a position to sanction higher pay scale if he passes the examination. He may of course continue to complete the same course of studies without hampering the normal duties in School. Yours faithfully, District Inspector of Schools (SE) South 24?Parganas." ;