(1). THE writ petitioner obtained appointment on the basis of his masters degree as a secondary teacher in Bengali. The appointment was in the year 1994.

(2). THE writ petitioner thereafter applied to the Managing Committee of the school for permission to obtain the doctorate degree in Bengali. The petitioner says that such permission was received and the petitioner proceeded to obtain the doctorate degree in March, 2005.

(3). AT the time that the petitioner was appointed, the Revision of Pay and Allowances Rules (ROPA), 1990 was in force. Clause 16 (5) of the ROPA, 1990 provided as follows ; "16 (5) Secondary teachers, Headmasters/headmistress with doctorate degree in the subject taught or in an allied subject shall get two additional increments from the date of the convocation on which such degree is awarded : provided that those who obtained this degree prior to the date of coming over to the revised scale shall get two additional increments from the date with effect from which they elect fo draw pay in the revised scales. "

(4). THE petitioner says that such career advancement scheme and the benefits thereof were carried over in the Revision of Pay and Allowances rules (ROPA), 1998 that became effective from April 1,1997. Clause 12 (5) of ropa, 1998 provides as follows : "12 (5) Secondary teachers/headmistresses with Doctorate degree in the subject taught or in an allied subject shall get two additional increments from the date of the convocation on which such degree is awarded : provided that those who obtained this degree prior to the date of coming over to the revised scale shall get two additional increments from the date with effect from which they elect to draw pay in the revised scales. "

(5). THE petitioner says that upon the petitioner demanding the two increments that the petitioner thought was his due, the Managing Committee of the school forwarded the petitioners case to the relevant District Inspector of Schools. The petitioner also applied before the relevant District Inspector of schools for expeditious disposal of the petitioners request. The petitioner followed it up with an earlier writ petition which was disposed of by an order dated April 12, 2006 requiring the District Inspector of Schools to attend to the petitioners request.

(6). THE order passed on July 20, 2006 in compliance with the Writ courts order dated April 12, 2006 has been challenged in the present proceedings. The District Inspector of Schools (SE) Purba Medinipur is of the opinion that in view of the West Bengal Schools (Control of Expenditure) Act, 2005 that has come into force on December 27, 2005 and particularly in view of Sections 14, 16 and 20 thereof, a secondary teacher is not entitled to claim the benefit of additional increment or higher scale of pay on having or acquiring any qualification other than the qualifications specified for the post. The District inspector of Schools has expressed the view that the said Act of 2005 has overriding effect and anything contrary thereto in any regulations in force prior thereto would be deemed to have been washed away by the said Act of 2005.

(7). SECTION 14 of the Act of 2005 relates to under graduate teachers in its first subsection. It relates to graduate teachers in its second sub-section and it relates to honours graduate or post graduate teachers in its third sub-section. The third subsection stands apart from other two sub-sections. "14 (1 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2 ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Every teacher of a school shall, if appointed in the Honours graduate or Post graduate teacher category, be entitled to draw