JUDGMENT :

RAI CHATTOPADHYAY, J.

The orders of the District Inspector of Schools (SE), Nadia dated April 18, 2017 and July 20, 2017 are under challenge in the instant writ petition.

2. The petitioner’s claim is for higher pay scale pursuant to his Master Degree in Physical Education subject. The same has been turned down by the said respondent authority, by dint of the impugned order, firstly, in view of the provisions under the West Bengal School Service Commission Act, 1997 (in order dated April 18, 2017) and thereafter by dint of the corrigendum letter dated July 20, 2017, thereby relying on the Notification No. G.O.No. 155-SE (B) dated 13.07.1999.

3. The petitioner had joined as an Assistant Teacher in Physical Education in the School on February 18, 2003. Before that he has concluded his qualification of Master Degree in Physical Education through regular course from the University of Kolkata.

4. In such perspective the petitioner has sought for grant of higher pay scale in his favour for the subject of Physical Education which is his relevant subject of the teaching.

5. Much has been dealt with by the various courts with regard to grant of higher pay scale to an Assistant Teacher in Physical Education subject, who is qualified with the Master Degree in the same subject.

6. The relevant portion is the Hon’ble Division Bench decision dated December 23, 2024 in FMA 538 of 2020 (The State of West Bengal Vs. Bakul Kumar Sing & Ors.) and the Hon’ble Division Bench has been pleased to hold that on the backdrop of the following extracted portion of the judgment of the Hon’ble Larger Bench of this Court in the case of (Utpal Kanti Karan-vs State of West Bengal & Ors. 2004 SCC Online Cal 1274).

“273(g)-If a teacher has partially completed higher study before entering service he/she would come under purview of G.O. No. 1595-SE(S) dated 26th December, 2005 and the question of taking permission from DIS-SE concerned would not arise”.

7. The issue regarding eligibility of the Assistant Teacher in Physical Education to be granted with the higher pay scale has been also dealt with by the Division Bench of this Court in appeal being No. FMA 261 of 2010 (Manas Paul Vs The State of West Bengal & Ors.) dated September 24, 2015 in the light of the decision of the Hon’ble larger Bench.

8. The Hon’ble Division Bench has been pleased to allow incumbent before it, the benefit of higher pay scale pursuant to his Master Degree qualification in the Physical Education subject.

9. The Court is also inclined to discuss about the other two decisions of the Division Bench dated September 24, 2015 in FMA 261 of 2010 (Manas Paul Vs. The State of West Bengal & Ors.).

10. In order to adjudicate the acceptability of the claim of the appellant the relevant provisions of the New Revised Scale of Pay of Teachers and Non-teaching Staff Revision of Pay and Allowance Rules, 1998 relating to the Employees of the West Bengal Recognized Non- Government Aided Educational Institutions arising out of Memorandum No. 25-SE(E)IM-102/98 dated February 12, 1999 is quoted below:

“12(3) All teachers, including physical education teachers and librarians of secondary schools who have improved/will improve their qualifications 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 qualifications whichever is later”.

11. In view of the above, the appellant is entitled to enjoy the benefit of postgraduate scale of pay in connection with his service as an Assistant Teacher of the school under reference. After considering the pleadings of the writ application, we find that the statement with regard to his right to get the benefit of postgraduate scale of pay has been stated in paragraph 8 at page 10 of the paper book. It is evident from the impugned judgment that the above issue was not taken up for consideration w