- (1.)The Court : The petitioner prays for disbursement of his pensionary benefits in connection with his service as Assistant Teacher of the concerned school on the basis of his last basic pay drawn which is Rs.33,610/- as on 31st May, 2018. The petitioner has also challenged and asked for cancellation of an order passed by the District Inspector of Schools on 15th February, 2019 by which the prayer of the petitioner for claming a post-graduate scale of pay was rejected on the ground of the existing staff pattern of the school and upon reliance on two Government Orders dated 8th July, 1974 and 4th September, 1998. The petitioner retired from the service as Assistant Teacher of the school on 30th May, 2018. The facts in brief are these.
(2.)The petitioner acquired a Masters Degree in Hindi from Kanpur University in 1986 and also has a B.Ed qualification. The petitioner was appointed in the concerned school as a Teacher in Hindi on 2nd January, 1979 and his appointment was approved by the District Inspector of Schools (D.I.) by a Memo dated 23rd April, 1980. On the prayer of the petitioner, the Administrator of the school permitted the petitioner to draw a post-graduate scale of pay under ROPA, 1981. The petitioner thereafter was allowed a scale of pay by the concerned D.I. under the ROPA Rules, 1981 which was commensurate with the scale of pay of a post-graduate teacher. The petitioner's scale of pay was thereafter revised under ROPA, 1990 with effect from 2nd January, 1987 and again under ROPA, 1998 from 2nd January, 1996. The petitioner's last basic pay was fixed at Rs.23,540/- as on 1st January, 2006 and the last drawn salary on the basis of the basic pay was fixed at Rs.33,610/- at the time of the petitioner's retirement which was on 31st May, 2018. The petitioner was constrained to approach this Court after the concerned D.I. took a decision on 29th May, 2018 upon being forwarded a resolution adopted by the Managing Committee for granting post facto approval in favour of the petitioner.
(3.)Learned counsel appearing for the petitioner relies on several documents for establishing that the petitioner has a right to claim a post- graduate scale of pay. Counsel submits that in the first writ petition filed by the petitioner being WP 255 of 2018, a direction was passed on the D.I. by an order dated 10th August, 2018 by which the D.I. was to pass a reasoned order for considering the case of granting post facto approval to the petitioner. Pursuant to such order, the D.I. called a hearing in which the petitioner participated and the D.I. passed a fresh order dated 15th February, 2019 holding that the petitioner was not entitled to a post-graduate scale of pay as granting such prayer would be contrary to G.O. No.772 dated 8th July, 1974 and G.O. No.670 dated 4th September, 1998. The petitioner has challenged this order in the instant proceeding. Learned counsel for the petitioner relies on two documents to show that the grant of a post-graduate scale of pay to the petitioner was concurred to by the D.I. and which include Annexures to the fixation of pay in the revised scale as sanctioned by the Government. Counsel also relies on the Government Orders referred to in the impugned order dated 15th February, 2019, namely, G.O. No. 772 dated 8th July, 1974 and G.O. No.670 dated 4th September, 1998. Counsel submits that G.O. No. 772 was explained by way of a subsequent notification being No.796 dated 22nd November, 1993 which contained the following clarification :
"To : The Director of School Education, West Bengal.
Sub : Higher Scale of Pay to the teachers. The undersigned is directed to say that it has come to the notice of this Department that higher scale of pay is not being granted to some teachers of secondary schools despite their having higher qualifications of post- graduate degree or the equivalent in the relevant subjects. This is, presumably, due to lack of suitable provisions for teachers with higher qualifications in Social Science Group and for adequate number of teachers with higher qualifications in Language Group and Science Group in terms of the staff pattern laid down in G.O. No.772-Edn.(S) dated 8th July, 1974 and G.O. No.60-Edn.(S) dated 15th January, 1972 for High Schools and Junior High Schools respectively. 2. In this Department Memo No. 372-Edn.(S) dated the 31st July, 1981, read with Memo No. 33-Edn.(S) dated the 7th March, 1990 the higher scale of pay to the teachers of Secondary Schools having higher qualification has already been granted. 3. It is now clarified that all such teachers of Secondary Schools and Junior High Schools including Madrasahs of various types with higher qualification of post-graduate degree or the equivalent in relevant subjects will get higher scales of pay in relaxation of the above noted staff pattern.
4. This order will take effect from the date of issue of this clarification. All concerned have been informed."

Counsel further relies on the other G.O. mentioned in the impugned order, namely, 670 dated 4th September, 1998 which provides for the number and the distribution of staff in different groups in Higher Secondary (normal section). Counsel also relies on Note 2(a) and 2(c) of a Memorandum No.372 dated 31st July, 1981 which provides for the following :

(2) (a) All existing Secondary school teachers who have improved their qualifications relevant to their teaching subjects will get the higher scale on qualification without any restriction;

(b) All existing Secondary Schools teachers who have improved their qualifications not relevant to their teaching subjects will be allowed the higher scale on qualification basis after five years' teaching counting from the date on which higher qualification was obtained;

(c) In future, Secondary school teachers will be allowed higher pay scale on qualification basis only when they obtained such higher qualification in the subject relevant to their teaching/appointment."