JUDGMENT :

Supratim Bhattacharya, J.

1. In this instant appeal the Judgement of the Hon’ble Single Bench dated 8th of April, 2021 in the writ petition being WPA 22089 of 2017 is under challenge. The challenge in the writ petition was thrown by the present appellant to the decision of the District Inspector of Schools (for short DI), (Secondary Education), Burdwan, through which the said DI has rejected the prayer of enhanced scale of pay made by the appellant/writ petitioner.

2. The fact of the case is that the appellant/writ petitioner joined the Bishpara High School, Hooghly on 07.03.2006 as an Assistant Teacher. On 09.01.2007 the appellant completed his Masters of Arts Part-II from Burdwan University through correspondence. Thereafter the appellant joined the Jhapandanga Pareshnath Vidyamandir on 24.09.2013 on transfer by the Central School Service Commission (for short the Commission). Thereafter the appellant applied for granting him higher scale of pay. After which the managing committee of the said school adopted a resolution in favour of the appellant/ writ petitioner and forwarded the same before the DI (Secondary Education) on 26.07.2016.

3. Being unable to obtain any fruitful result the appellant/ writ petitioner preferred a writ petition before this Hon’ble Court, being WP 4459 (W) of 2017, wherein the Hon’ble Single Bench disposed of the said writ petition directing the DI, (Secondary Education), Burdwan, to consider and decide the said representation in accordance with law after affording reasonable opportunity of hearing to the writ petitioner after taking into consideration the ROPA Rules. As per the direction of the Hon’ble Single Bench, the District Inspector of Schools (Secondary Education), Burdwan, passed an order dated 18.07.2017 rejecting the prayer of the appellant/writ petitioner praying for additional increment/higher scale of pay, as a result of which the instant appeal has been preferred.

4. The Learned Counsel appearing on behalf of the appellant /writ petitioner during his arguments has submitted that the appellant/ writ petitioner had commenced his post graduate course in English in the year 2005, that is prior to joining his service, as an Assistant Teacher in the Bishpara High School on 07.03.2006. He further submitted that as the said appellant had pursued his M.A. course prior to joining his service, so question of taking permission from the employer/authority does not arise. He further submitted that the appellant /writ petitioner had pursued his masters degree in English, that is the subject which he teaches in the school.

5. Relying upon these points the Learned Counsel prayed for enhanced scale of pay and thus allowing the instant appeal. He further submitted that the Hon’ble Single Bench misinterpreted the statutes and the Government Orders and has thus come to an erroneous finding.

6. The Learned Counsel appearing on behalf of the State respondents has relied upon the fact that no permission was sought for by the appellant/writ petitioner while pursuing the post graduate course. He further submitted that where no permission has been taken from the appointing authority as regards to higher studies, the appellant cannot seek higher scale of pay and as a result of which the prayer of the appellant/ writ petitioner praying for higher scale of pay on the basis of his achieving Masters Degree has been rejected time and again. He further submitted that Government Orders and the ROPA Rules do not support the contentions of the appellant/writ petitioner. Embarking on the aforementioned points, the Learned Counsel has supported the impugned Judgement and Order and thus prayed for rejection of the instant appeal.

7. On going through the impugned order it reveals that the writ petition was dismissed on the ground that the writ petitioner without taking prior permission from the DI (SE) obtained post graduate qualification which is in violation of the Government Order No. 548-SE (S) dated 24.06.1997 and in