regarding higher scale

@M.K. Das
Yes, as per para 9 the G.O. 593 superseded the provision of G.O. 1595.
I think, you need not be worried much as the ground of your case is very strong. Since, it’s with the Law Officer it implies that the DSE is in confusion on the requirement of prior permission from DI in this case. Again, it has not been rejected because there was probably no such G.O. which made it clear that permission from DI was essential! So, DSE seems to be in dilemma. I repeat, probably there was no requirement of permission from DI before 2005. That’s why your case is pending in the hand of DSE.
There are several judgments on the issue related to the essentiality of permission from DI. You may study : WP 25500 of 2010 dated 06.07.2011, WP 2569 of 2011 dated 14.12.2011 and WP 2923 of 2011 dated 19.09.2011.
Study leaves are granted by the Board which is a statutory body. Probably, the Govt. has no direct interference with its function. If DSE makes it clear that grant of study leave by the Board for enhancement of qualification amounts to the claim of additional increments then there is no problem to grant such relief.
I don’t know whether or not your wife has received any intimation from DI office, informing that the matter is being referred to the DSE. If so, you may pursue it in DSE office. Otherwise, meet DI to know the latest status of the prayer. You may also seek information under RTI Act,2005.
You may also go through the discussions made on similar issue: https://wbxpress.com/topic/permission-of-d-i-for-improvement-of-qualification/
With regards.

Friend,
Subho Bijaya!
Anyway, it’s a very specific case. As far as I know there is no such G.O. to deal with such a case. G.O. dated 27.11.2007 would work in such a situation as the teacher appears for final exam. after joining the school. He is required to take permission from D.I. before sitting in the final exam., if he wishes to claim higher pay.
With regards.

I only mention three conditions laid down in the GO No 1595-SE(S) dt. 26.12.05 in order to get Higher Scale of Pay……

Dear friend,
The G.O. 1595-SE(S) dt. 26.12.05 was superseded by the G.O. No. 593-SE / ES/O/B/1M-98/2007 dated 27.11.2007 in terms of para 9 which read as “9. This order will replace all earlier orders published in this matter before the date of coming into effect of West Bengal Schools (Control of Expenditure) Act, 2005, No. 1595-SE(S) dated 26.12.2005 also stands modified.”
Before issuance of G.O. 1595-SE(S) or 593-SE there was probably no such G.O. which made it compulsory to take prior permission from D.I. for enhancement of qualification pertaining to the teaching post & subject through regular course if the teacher wishes to claim incremental benefits.

……But, to be practical, we sometimes become confused when we see an apparent contradiction between the Court Order and the prevailing GO.
The Go No 593 tells the prior permission is compulsory in the case of para ‘c’ above while Court perhaps tells that no prior permission is required.

I agree that Court orders sometimes contradict to the G.O.s. Actually, the Court takes care of uninterrupted operations of Laws, Acts & Rules. A Govt. Order (G.O.) is neither an Act nor a Rule. It contains some administrative instructions in regard to the applications of Acts & Rules. A G.O. is untenable in Law if, anyhow, it overpowers any provision of Acts and Rules. Pls see the related post dated the 26th Sept. in the following thread:
https://wbxpress.com/topic/permission-of-d-i-for-improvement-of-qualification/
Pls refer to case(s) where there is such confusion!

…Friends, better move to the Govt. with a plea to issue a fresh order in this matter…..

How to do that! Is it possible to take the Govt. into confidence without any favourable Court Order!
With regards.

Dear Mr. Das,
As per G.O. No. 548-SE(S) dated 24.06.1997 it was necessary for the teachers to take prior permission from the DI (SE) through the Managing Committee / Ad Hoc Committee / Administrator for enrollment and for appearing for the examination conducted through Correspondence / Distance Mode of Education. This G.O. is NOT related to the REGULAR course. However, it is not clear who was the Competent Authority for permission before 27.11.2007 when the G.O. No. 593-SE / ES/O/B/1M-98/2007 took effect. As far as I know MC was the Competent Authority for enhancement of qualification through regular course and claim for monetary benefit before 24.06.1997. Since nothing was clearly mentioned in GO No 1595-SE(S) dt. 26.12.05, so it can be presumed that it is MC who was the Competent Authority for permission for acquisition of higher qualification through regular course and claim of relief before 27.11.2007.
Such specifications are generally available in the G.O.s and NOT in the Act. G.O.s contain some administrative instructions related to the manner of applications of Acts and Rules.
Yes, it is always necessary to take prior permission from Competent Authority for enrollment AND for appearing at the exam. If an employee wants to claim something special from employer he should seek prior permission. This is a very common practice. One cannot avoid his master who is paying him.
Date of joining the service is NOT the issue and so, it has no importance here. The matter is related to the enhancement of qualification and claim of consequential benefits. Therefore, it is concerned with the date of enrollment and date of exam.. Since, the date of commencement of M.Sc., Part-II exam. was 21.06.2006 i.e. before 27.11.2007 permission from D.I. was not probably necessary (!) because of non-availability of relevant G.O. .
With regards.

Pls see permision from D.I. was not required before 27.11.2007.
https://wbxpress.com/topic/permission-of-d-i-for-improvement-of-qualification/