JUDGMENT

Shekhar B. Saraf, J. - The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, whereby the petitioner has claimed the benefit of a higher scale of pay post acquiring the post-graduate qualification in the subject of Mathematics.

2. The facts of the case, in so far as they are material to this writ petition, are circumscribed in a narrow compass and are encapsulated as follows: the petitioner is presently serving as an incumbent Assistant Teacher of Petkatidanga Junior High School, Maynaguri in the district of Jalpaiguri (hereinafter referred to as the "said school"). The petitioner had joined the said school as an Assistant Teacher of Mathematics in the "Hons./Post-Graduate" category on and from August 1, 2011, in terms of the recommendation furnished by the Secretary of the West Bengal Regional School Service Commission, Malda dated June 24, 2011. The petitioner's appointment was approved by the District Inspector of Schools, Jalpaiguri (hereinafter referred to as "D.I. of Schools") by an order dated September 8, 2011.

3. The petitioner was already enrolled in the post-graduate course of Mathematics (M.Sc. in the stated subject) and was pursuing the same from the Netaji Subhash Open University prior to his appointment as an Assistant Teacher in the said school. The petitioner completed the Part-II examinations of the stated course on October 15, 2012 and the results of the same were published in February 14, 2013. The petitioner has averred that the first term of the said course had commenced in 2009, that is, much prior to his appointment as an Assistant Teacher in the said school and merely the mark-sheet of Part- I examinations was issued on September 29, 2011 post such appointment.

4. Having secured such post-graduate qualification, Mr. Bari, learned counsel appearing on behalf of the petitioner, contended that despite a representation submitted to the D.I. of Schools concerned for the grant of higher scale of pay, his representation was reciprocated with silence. Similar representations dated April 9, 2013 were also filed with the Teacher-InCharge as well as the Secretary of the Managing Committee of the said school, but the outcome did not turn out to be any different. Mr. Bari submits that in spite of such representations, no substantive decision has been taken by the pertinent authorities as far as the petitioner's request for the grant of higher scale of pay is concerned.

5. With no alternative remedy available, the petitioner has pressed this writ petition seeking a redressal of this lis.

6. Mr. Bari had submitted that in view of Section 14 of the West Bengal Schools (Control of Expenditure) Act, 2005 (hereinafter referred to as the "2005 Act") read with the Government Order (G.O.) bearing number 593- SE(B)/ES/O/B/1M-98/2007 dated November 27, 2007 (hereinafter referred to as the "2007 notification"), an Assistant Teacher was eligible to receiving additional increments or a higher scale of pay immediately upon the successful completion of the post-graduate course in the relevant subject; in this case, the M.Sc. in the subject of Mathematics. In light of the 2007 notification, he additionally submitted that no further permission was required for pursuing the stated course from either the Managing Committee of the said school or the D.I. of Schools concerned for the bare reason that the petitioner was already enrolled in the said course in 2009, much prior to his appointment as an Assistant Teacher in the said school.

7. Mr. Chattopadhyay, appearing on behalf of the Respondents, had argued that the petitioner had appeared for the examinations in the post-graduate course of Mathematics without seeking a prior permission from the D.I. of Schools concerned in compliance with the 2007 notification. Mr. Chattopadhyay had submitted that such permission under clause (1) of the 2007 notification was a sine qua non from the concerned authority, under the said notificat