The central legal point established in the judgment is the conflicting interpretations of government orders and judgments regarding the entitlement of higher pay scale for teachers with improved qualifications.

JUDGMENT

Krishna Rao, J. - The petitioner has completed his Post Graduation course in History in the year 1986 and in Bengali in the year 1990 under Rabindra Bharati University. After obtaining degree, the petitioner had enrolled his name in the Employment Exchange.

2. In the year 1994, the District Inspector of Schools (SE) Nadia has granted permission for recruitment of teachers and non teaching employees in recognised Non Governmental Secondary Schools. According to the said approval the Headmaster, Nasara High School issued an interview letter to the petitioner for appointement for the post of Assistant Teacher B.A. (Bengali). The petitioner had appeared in the interview and accordingly vide letter dt. 04.03.1996, the petitioner was appointed as Assistant Teacher (Bengali). The District Inspector of Schools vide letter dt. 22.07.1996 had approved the appointment of the petitioner as Assistant Teacher (Bengali).

3. Though the petitioner was appointed as Assistant Teacher (Bengali) but the petitioner was allowed to teach Bengali in class 9th to class 12th also. As the petitioner was having the qualification of Post Graduate in Bengali and accordingly, the petitioner had made representations for grant of Higher Pay Scale.

4. The request of the petitioner was not considered by the school authorities and accordingly, the petitioner had preferred a Writ Application before this Court being WP No. 7333 (w) of 2013 and the Coordinate Bench of this Court had disposed of the said writ application with the liberty to the petitioner to file a represenation along with all documents and the District Inspector of Schools and was directed to dispose of the representation of the petitioner with in eight weeeks by giving an opportunity of hearing to the petitioner.

5. In compliance of the order passed by the Coordinate Bench of this Court the District Inspector of Schools (SE), Nadia had disposed of the representation of the petitioner on 18.11.2014 by rejecting the claim of the petitioner for grant of Higher Pay Scale.

6. Mr. Supriyo Chattopadhyay, Ld. Counsel representing the petitioner submits that the respondents have erroneoulsy decided that the petitioner is not taking classes of Higher Secondary with the prior peemission of the District Inspector of School.

7. Ld. Counsel for the petitioner further submits that assuming that after the enactment of the School Service Commission Act, 1997, the teachers are recruited through the selection test in a separate manner and method for Honours Category and Post Graduate Category but it would be evident from the facts and circumstances of the case, the petitioner was admittedly recruited under the SSC Rules and procedure and there must not have been any bar to grant Higher Pay Scale to the petitioner.

8. Ld. Counsel for the petitioner relied upon clause 12 (3) of the Government Order dt. 9th September,1998 which reads as follows :

'(3) All teachers, including Physical Education teachers and Librarians of Secondary Schools who have improved/ will improve their qualification or who were appointed with higher qualification in the subjects or group relevant to their teaching/appointment shall get higher scale of pay appropriate to their qualifications, with effect from the 1st January, 1996 or the date of improving qualification, whichever is latter.'

9. Ld. Counsel for the petitioner further relied upon clause 3 of the Memorandum dt. 13th July, 1999 which reads as follows :

'(3) All teachers, including Physical Education teachers and Librarians of Secondary Schools who have improved/ will improve their qualification or who were appointed with higher qualification in the subjects or group relevant to their teaching/appointment shall get higher scale of pay appropriate to their qualifications, with effect from the 1st January, 1996 or the date of improving qualification, whichever is latter. Provided that such higher qualified teachers in the relevant subjects or group is justified as per approved staff patter