JUDGMENT :

Tapabrata Chakraborty, J.

1. Having acquired the Bachelor of Science degree from the University of Calcutta in the year 1983, the writ petitioner, namely, Basudeb Biswas (in short, Basudeb) participated in a selection process for appointment to the post of an Assistant Teacher in Science and Mathematics. He emerged to be successful in the said selection process and was appointed to the said post in Bagula Purba Para High School (in short, the said school) on 10th January, 1986. Such appointment was approved by the respondent no.3 vide memo dated 31st March, 1986. Upon obtaining necessary permission from the Managing Committee of the said school, Basudeb pursued the Master of Science (Mathematics) correspondence course conducted by the Himachal Pradesh University under distance mode and obtained the degree in the year 1999. On the strength of the Master degree in the relevant subject of teaching, Basudeb applied for higher scale of pay. Such prayer was, however, rejected by the respondent no.2 vide memo dated 17th January, 2002. Challenging the said order Basudeb preferred the writ petition being WP No.7452 (W) of 2002.

2. The learned Single Judge by an order dated 16th July