An Assistant Teacher who enhances qualifications may be entitled to a higher pay scale without needing prior permission from the District Inspector if the Managing Committee granted it.

1. The present writ petition has been preferred, praying for the issuance of a writ of mandamus, directing the concerned respondents to grant the benefit of a higher scale of pay to the petitioner on account of his improved qualification in the subject relevant to his teaching.

2. Succinctly stated, the essential facts that led to the presentation of this writ petition are that based on the recommendation made by the West Bengal Central School Service Commission (in short, Commission), the petitioner initially joined Haludkanali Scheduled Caste High School, Bankura as Assistant Teacher in English.

3. Subsequently, he appeared for the examination conducted by the Commission for the post of Assistant Teacher in English. Upon qualifying, he was appointed as an Assistant Teacher in English at Moshiara High School, Bankura (hereinafter referred to as ’the school’) on 23rd November, 2002. His appointment to the post of Assistant Teacher in English in Moshiara High School was approved with effect from 28th November, 2002. Desiring to obtain a Postgraduate Degree, i.e., M.A. in English, the petitioner approached the Managing Committee by submitting an application seeking permission to appear for the examination. 4. The Managing Committee granted permission by adopting a resolution. The petitioner successfully obtained his M.A. in English. His last date of examination was 28th August, 2011. Thereafter, he submitted an application before the concerned District Inspector of Schools, through proper channel, requesting the grant of a higher scale of pay due to the enhancement of his qualification.

5. However, despite receipt of such application, the District Inspector of Schools did not consider the same and failed to take any appropriate decision thereon. Consequently, the petitioner was compelled to prefer this writ petition, alleging inaction on the part of the concerned District Inspector of Schools in considering his application.

6. The record reveals that a Coordinate Bench of this Court, by passing an order in the said writ petition on 9.8.2023, directed the concerned District Inspector of Schools to hold a meeting with the petitioner and the school authority, and to take a decision on the petitioner’s prayer for grant of a higher scale of pay.

7. Pursuant thereto, a meeting was held, and the resolution adopted in that meeting has been brought on record by filing a report in the form of an affidavit. The resolution indicated that the District Inspector of Schools decided that, since the petitioner enhanced his qualification without obtaining prior permission from the District Inspector of Schools (SE), Bankura, he is not entitled to the Postgraduate scale of pay. Needless to state, the petitioner is aggrieved by such decision of the District Inspector of Schools.

8. Mr. Shibaji Kumar Das, learned advocate appearing on behalf of the petitioner, submits that the petitioner joined the said school in the year 2002, i.e., prior to the promulgation of the West Bengal Schools (Control of Expenditure) Act, 2005 (hereinafter referred to as "the Act of 2005").

9. He submits that the ROPA Rules prevailing in the year 2002 and even , the provisions of Section 14 (3) of the said Act provide that every teacher of a school, if appointed in the Honours Graduate or Postgraduate scale of pay, shall be entitled to claim a higher scale of pay upon acquiring a Postgraduate degree in the manner as may be specified by order.

10. Subsequently, an order bearing No. 1595/SE (S) dated 26th December, 2005 was issued by the