SAUGATA BHATTACHARYYA,J. - (1.) With the consent of the parties, the appeal and the stay applications are treated as on days' list and are disposed of with common order.
(2.) The present appeal is directed against the order dated 18th April, 2019 passed by the learned Single Judge whereby the writ petition was dismissed thereby rejecting the claim of the appellant/writ petitioner for sanctioning post graduate scale of pay by way of shifting the petitioner from science group to social science group in terms of Government Order No. 57 SE(S) dated 27th January, 1995.
(3.) In order to establish his case the appellant has specifically relied upon the second part of the said Government Order dated 27th January, 1995, which is quoted below: "(ii) In future, when any clear vacancy of Assistant Teacher occurs in the normal section (Class V to Class X) in a non-Government Secondary School/Madrasah, the authorities of the concerned school may apply to the concerned D.I. of Schools for filling up the vacancy by an existing approved Assistant Teacher of the normal section of that institution who has applied to the school authorities in writing for being placed in that post and who has requisite higher qualification for that vacant post but is not drawing pay according to such higher qualification by reason of his/her appointment/approval in a different group. The Assistant Teacher in that post, with effect from a certain date to be indicated by the D.I. of Schools, if the concerned District Inspector of Schools is satisfied that the arrangement will be beneficial to the students. The Assistant Teacher so transferred to the vacant post will be entitled to draw pay according to his/her higher qualification as prescribed by the State Govt. from the date of his/her placement in that vacant post. The concerned Assistant Teacher shall have to take classes from that date as allotted to that new post. In that case, the resultant vacant should be filled up according to existing rules. If there be more than one eligible applicant Asstt. Teachers in a school for one such vacant post, preference shall be in order of seniority. No further approval of appointment will be necessary." ;