Protik Prakash Banerjee, J. - (1.) This is a writ petition filed under Article 226 of the Constitution of India, 1950 challenging an order being memo dated May 25, 2016 passed by the Managing Committee of the Midnapore Town School (H.S.) which denied the writ petitioner additional increments upon enhancing his qualifications by obtaining the qualification of doctorate. Over and above, the petitioner prays for the grant of two additional increments on the strength of the additional qualification obtained by him. Since it is necessary to record the factual matrix of the case for proper redressal of the petitioner's grievance, the circumstances that led to the institution of this writ petition are recorded briefly in the foregoing paragraphs.
(2.) The writ petitioner, like most men, has a back-story. He was an Assistant Teacher in English at Joykrishnapur Nehru Bidyabhawan (H.S.). This was approved by the respondent no. 3 District Inspector of Schools by a Memo dated December 19, 1987. While serving as an Assistant Teacher, with the qualifications of Masters' in English and a B.Ed. (English), the writ petitioner desired to improve his qualifications. Accordingly, he applied before the Managing Committee of the said school seeking permission to obtain a higher qualification. The Managing Committee by its resolution dated January 5, 2001 accorded approval to the petitioner's request which entitled him to register for his doctoral degree as informed by the Utkal University by a letter dated June 11, 2002. Thereafter, in due course, he completed his doctorate in English (Ph.D, English) from the Utkal University, which the said University notified to him by Notification No.EC-VI/1127 - Engl/1796 dated September 25, 2004. The convocation was held on January 28, 2006 which the University informed him about on January 12, 2006. When the writ petitioner participated in the due process for selection of a headmaster, the School Service Commission recommended his appointment to the Gomunda Suburban High School (HS) with effect from May 22, 2002, when he was still to acquire the qualification of doctorate, but when he was appointed permanently to the vacancy caused by the retirement on January 31, 2005 of the head-master of Midnapore TownSchool (HS), on the basis of the recommendation made by the School Service Commission, the said Commission recorded his qualifications as M.A. in English, B.Ed., and Ph.D. which the respondent no. 3 also accepted and the appointment of the writ petitioner was approved with effect from July 25, 2006.
(3.) On May 2, 2008, the Secretary of the managing committee of Midnapore Town School wrote to the respondent no. 3 seeking the fixation of pay with two increments and payment of the financial benefits with effect from January 28, 2006 both for his acquiring the additional qualifications with prior permission and also under the career advancement scheme of the State of West Bengal and binding memoranda issued by it. This representation was not considered. Aggrieved, the petitioner approached this Court by filing a writ petition being W.P. No. 8897 (W) of 2009 which was disposed of by an order dated December 14, 2015 whereby the District Inspector of Schools was directed to consider and dispose of the representation of the writ petitioner after giving the petitioner an opportunity of being heard.;