A teacher is entitled to a higher pay scale upon acquiring a higher academic qualification in a relevant subject, provided prior permission is obtained from the school's managing authority; once such permission is secured, additional administrative approval is not a statutory prerequisite for qualification-based pay benefits.

Despite service, State is unrepresented.

The present writ petition challenges the legality and validity of the order passed by the District Inspector of Schools (S.E.), Murshidabad, whereby the petitioner’s prayer for a higher scale of pay was rejected. The petitioner further seeks a writ of mandamus directing the respondents to grant the higher scale of pay along with all consequential benefits thereto.

Before delving into the issues raised in the present writ petition, it would be appropriate to set out the essential facts that have led to its institution.

The petitioner joined Rukanpur High School (H.S.) (hereinafter referred to as “the said school”) as an Assistant Teacher in Mathematics in the Honours and Postgraduate Scale on 18th March, 2006. Subsequently, the petitioner submitted a representation to the Secretary of the Managing Committee, through the Headmaster of the school, seeking permission to pursue an M.Sc. degree in Mathematics through a correspondence course offered by Netaji Subhas Open University, without disrupting the regular functioning of the school.

Upon receipt of the petitioner’s application, the Managing Committee adopted a resolution granting him permission to pursue the M.Sc. degree in Mathematics from Netaji Subhas Open University. In due course, the petitioner successfully completed the said course and obtained his Master’s degree in Mathematics. Thereafter, he submitted an application for grant of higher scale of pay through the proper channel, which was duly forwarded to the District Inspector of Schools for necessary action.

However, despite receipt of the said application, no effective steps were taken by the concerned authority. Consequently, the petitioner was constrained to file a writ petition, being WPA 22406 of 2019, which was disposed of by a Co-ordinate Bench with a direction to the District Inspector of Schools to pass a reasoned and speaking order after affording the petitioner an opportunity of hearing. The Court further directed that the said order be communicated to the petitioner within the time frame specified therein.

Pursuant to the said direction, a hearing was conducted by the District Inspector of Schools on 9th March, 2021. However, by an order dated 9th August, 2021, the District Inspector of Schools rejected the petitioner’s prayer for grant of higher scale of pay. The present writ petition has, therefore, been filed to challenge and assail the said order dated 9th August, 2021.

Mr. Ali, learned advocate appearing on behalf of the petitioner, submits that the petitioner joined the said school in the year 2006, i.e., after the promulgation of the West Bengal Schools (Control of Expenditure) Act, 2005 (hereinafter referred to as "the Act of 2005"). He submits that Section 14(3) of the said Act provides that every teacher of a school, if appointed in the Honours Graduate or Postgraduate scale of pay, shall be entitled to claim additional increments and/or a higher scale of pay upon acquiring a Postgraduate degree or any higher diploma/degree, in the manner as may be specified by order.

Subsequently, an order bearing No. 1595/SE (S) dated 26th December, 2005 was issued by the competent authority. Clause (c) of the said order clarified that any teacher intending to claim the benefit of a higher scale of pay upon improvement of academic qualifications must obtain prior permission from the competent authority before pursuing such enhancement of qualification.

He further submits that another order, bearing No. 593-SE(B) dated 27th November, 2007, was issued by the School Education Department. The said order clarified that, in the case of a teacher appointed in the Honours category, the Managing Committee of the school shall be the competent authority to grant permission for improvement of academic qualification.

Mr. Ali further draws attention to another order dated 19th May, 2014, from which it is also evident that the Managing Committee is the competent authority to grant pri