The impugned circular could not be given retrospective effect, and the petitioner was entitled to the scale of pay of a Post Graduate based on the timing of his appointment and qualifications.

JUDGMENT :

1. Heard learned Advocates appearing for the Parties.

2. This writ petition has been filed by the petitioner challenging the impugned Memo dated 7th December, 2012 read with Memo dated 10.06.1994, issued by the respondent concerned rejecting the claim of the petitioner of Higher Scale of pay according to his qualification of M.Sc in Anthropology. Facts involved in brief in the instant case are hereunder. The petitioner passed B.Sc examination (pass course with Botany and Zoology and Anthropology) as combination of the subjects in the year 1985 and passed M.Sc examination in anthropology in 1989. The petitioner was appointed as organizing Assistant Teacher of Mandra Hazer Ali Smitri Vidyapith Junior High School on 29th September, 1992. Appointment of the petitioner as M.Sc (anthropology Bio) was approved by the District Inspector of School North 24 Parganas with effect from 1st May, 1992. The aforesaid school was recognized as a second class junior high school on 12th February, 1987 and on 1st May, 2001 the aforesaid school was recognized as a high school and on 16th September, 2009 the aforesaid school was recognized as a Higher Secondary School and the petitioner obtained PHD degree in anthropology in the year 1995.

3. On 22nd November, 1993, Government of West Bengal, Department of Education, issued a memorandum in clarification of the Memo Bearing No. 372-Edn(s) dated 7th March, 1990, wherein it was declared, inter alia, as under:

"All such teachers of Secondary Schools and Junior High Schools including Madrasas of various types with higher qualification of Post Graduate degree or the equivalent in relevant subject will get higher scale of pay in relaxation of the afore noted staff pattern."

4. Grievance of the petitioner is that even after issuance of the aforesaid memorandum dated 22nd November, 1993 by the Government of West Bengal the petitioner is not being paid his salary and allowances in the scale of pay of a post Graduate. In this regard the petitioner made a representation on 17th March, 1988, before the Secretary of the said School praying for Post Graduate Scale of pay and the Managing Committee of the School Authority considered and approved such prayer of the petitioner by a resolution as adopted on 21st April, 1998 and forwarded the said application of the petitioner dated 17th March, 1998 along with the aforesaid resolution dated 21st April, 1998 with other relevant documents to the District Inspector of Secondary Education, 24 Parganas (North) for the purpose of approval and necessary decision on the same. Against inaction in taking decision on the part of the District Inspector of the School Secondary Education on the aforesaid application of the petitioner and resolution of the school authority, petitioner filed a writ petition being No. W.P. 22556 (W) of 1998 which was disposed of by this court by order dated 3rd August, 2012, directing the District Inspector of School concerned to consider the petitioner's claim of Higher Scale of pay in accordance with law within 8 weeks from the date of communication of the said order. Pursuant to the aforesaid order of the court dated 3rd August, 2012, the District Inspector of Schools concerned disposed of the representation of the petitioner for higher scale of pay by the impugned order dated 7th December, 2012, rejecting the claim of the petitioner by relying on a memo No.74-SE(S) dated 07.02.1995 in clarification of the G.O. No. 447-Edn (5) dated 10.06.1994 issued by the Education Department by saying that prayer of Higher Scale of pay to the petitioner for having M.Sc degree in anthropology could not be considered at that stage. Relevant portion of the said impugned order dated 7th December, 2012, are as follows:

"P.N. Bhandar, Joint Secretary, School Education Department in his Memo No.74-SE(s) dated 07.02.1995 stated regarding the question of relevance of Post Graduate qualification in Anthropology with the curricular and syllabi of Life Science and Bio-S