JUDGMENT :

Rai Chattopadhyay, J. 

1. In this writ petition the petitioner has challenged the order of the Commissioner of School Education, West Bengal/respondent No. 2 dated February 22, 2019.

2. The respondent No.2 has delivered the said order in compliance with the directions of this Court dated November 13, 2018, passed in writ petition No. 13424 (w) of 2017 (Himadri Sekhar Das vs. State of W.B. & Ors.). The Commissioner of School Education/respondent No. 2, has held therein that the petitioner did not obtain any prior permission from the District Inspector of Schools, Secondary Education, Purba Medinipur (hereinafter referred to as DI)/respondent No. 3, before enrolment in the course of M.Sc. Degree and appearing in the examinations therefor. Hence, it has decided that the petitioner has obtained the Post Graduate qualification without the prior permission of the respondent No. 3/DI, which has been held to be in clear violation of Para 3 of the G.O. No. 593-SE(B) dated November 27, 2007 (hereinafter referred to as No. 593). Therefore, the Commissioner of School Education/respondent No. 2 has held that in terms of Para 3 of No. 593, the petitioner would not be entitled for grant of Post Graduate scale of pay. Hence, he has regretted such prayer of the petitioner.

3. The matter relates to the petitioner’s prayer before the appropriate authority, for grant of post graduate scale of pay to him. The petitioner was recommended by the School Service Commission for appointment and thus was appointed as an Assistant Teacher in Mathematics with B.Sc. (Honours) qualification, in the school namely, Rasan Nehru Vidyapith (H.S.). He has joined in the said school on July 19, 2002. His service was approved by respondent No. 3/DI vide order dated December 3, 2002.

4. On April 7, 2008 the petitioner applied for permission to take admission at Netaji Subhas Open University for obtaining Master’s Degree in Mathematics through distance mode. The prayer of the petitioner as above was consented to by the school authority, vide resolution thereof dated June 28, 2008. It was resolved further that the petitioner’s application as above would be sent to the DI for grant of prior permission.

5. The petitioner thereafter enrolled himself in the Master’s Degree course and finally qualified therein pursuant to publication of result of final examination, on June 12, 2012. Thereafter, on December 10, 2012, the petitioner had applied before the School Managing Committee for grant of post graduate scale of pay to him. Petitioner’s prayer for grant of higher pay scale was also allowed by the School Managing Committee vide resolution dated December 14, 2012. It was again resolved that such prayer of the petitioner and recommendation of the School Managing Committee shall be forwarded to the respondent No. 3/DI for approval.

6. So far as the writ petitioner is concerned, he has been working continuously and uninterruptedly in the said school since the date of his appointment and has been assigned the duty to take classes in higher secondary section, regularly. According to the staff pattern also, the petitioner would be eligible to be granted with the higher pay scale of a Post Graduate category teacher.

7. Since no steps have ever been taken by the respondent No. 3/DI with respect to the petitioner’s prayer for grant of higher pay scale, the earlier writ petition was filed by him, that is, WP No. 13424 (w) of 2017. In the same the Court directed for consideration of the petitioner’s prayer as above. The resultant order is that assailed in the present writ petition, dated February 22, 2019.

8. Mr. Bari, learned advocate appears for the writ petitioner. Mr. Bari says that the writ petitioner would be governed under the provisions of the West Bengal Schools (Control of Expenditure) Act, 2005 (hereinafter referred to as ‘2005 Act’). With reference to the relevant provisions thereof, that is, under Section 14(3) of 2005 Act, Mr. Bari would say that it is a substantive righ