The central legal point established in the judgment is the entitlement of a teacher to a higher pay scale based on an improved qualification, and the protection of such entitlement under relevant statutory provisions.

JUDGMENT :

Rai Chattopadhyay, J.

1. The crux of the grievance of the writ petitioner is that in spite of grant of higher grade of pay scale on the basis of his higher qualification, that is, M.A. in Bengali, with effect from 1st April, 1999, the same has been curtailed subsequently, upon his joining at the transferee school on 6th December, 2014, on transfer. He seeks reversal of the same by dint of this Court’s order in this case.

2. Mr. Biswas has appeared on behalf of the writ petitioner. He has not failed in his duty to show to Court the date of appointment of his client, that is, vide letter dated 27th July, 1995. The respondent District Inspector of Schools, Secondary Education, Murshidabad, had approved petitioner’s service vide letter dated 13th November, 1995. The petitioner was allowed Honours’ graduate scale of pay, with effect from 1st May, 1997 and post graduate scale, with effect from 1st April, 1999.

3. Mr. Biswas informs on the basis of the records that in 2014 his client applied for “General Transfer”, before School Service Commission. In turn the School Service Commission/respondent no. 9 recommended “General Transfer” of the writ petitioner vide memo dated 24th November, 2014. It has been however pointed out that in the said memo dated 24.11.2014, the respondent School Service Commission has erroneously mentioned the qualification of the writ petitioner as “ARABIC (Pass)”. Mr. Biswas expresses grievance of the writ petitioner that inspite of having full knowledge of the fact of the writ petitioner possessing qualification of post graduate degree and previously enjoying the enhanced pay scale pursuant to such qualification, the respondent School Service Commission has committed the error in recommending him as a graduate teacher (ARABIC Pass), which has prejudicially affected the right of his client, he says. According to him, since thereafter the authorities have time and again taken into reckoning the incorrect qualification of the writ petitioner to ultimately deprive him of his rightful claim to the enhanced pay scale on the basis of his enhanced qualification. He has brought into notice of the Court the order of the respondent District Inspector of Schools, Secondary Education, Murshidabad, dated 20th December, 2014, thereby approving service of the writ petitioner in the transferee school.

4. The transfer application form submitted by the writ petitioner, has been relied on by the respondent, in its affidavit-in-opposition. The same would show academic qualification of the petitioner, to have been written as “B.A.”. However, according to Mr. Biswas, the respondent authority should have taken into consideration the pay scale declared therein, by his client, as well as the subject taught by him, which are post graduate scale and two subjects, i.e, Arabic and Bengali, respectively. He says, that would have prevented commission of any error, in recommending petitioner’s name for transfer by the concerned respondent authority, so far as his qualification and pay scale are concerned.

5. On the facts and circumstances as above Mr. Biswas on behalf of the writ petitioner has put forth challenge as to the legality and propriety of the order of the Deputy Director of School Education (Grant in Aid)/ respondent no. 3 dated 26th October, 2017, by dint of which the said respondent has rejected the claim of the writ petitioner for enhanced scale of pay on the basis of his improved qualification.

6. Mr. Biswas is also relying on a document which has been received by him in response to a query under the provisions of the Right to Information Act, 2005. By dint of the same, Mr. Biswas submits that, the West Bengal School Service Commission/respondent no. 9 has acknowledged an error having been committed in recommendation dated 24th November, 2014, for transfer of the petitioner. By referring to the said documents it is submitted that the error committed earlier, as mentioned above, has been corrected subsequently by inco