Shibu Joardder vs The State Of West Bengal & Ors
2021 Latest Caselaw 2750 Cal

S/L 6
09.4.2021
Court No.26
SD
                                WPA 8179 of 2020
                             (Via Video Conference)

                                    Shibu Joardder
                                          Vs.
                            The State of West Bengal & Ors.


              Mr. Ekramul Bari
              Mr. Siddhartha Sankar Mandal
                                                     ... for the Petitioner.
              Mr. Supriyo Chattopadhyay
              Mr. Sabyasachi Mondal
                                                          ... for the State.


                     This matter relates to drawing of higher scale of pay

              upon securing post graduate qualification as governed by the

              West Bengal Schools (Control of Expenditure) Act, 2005

              read with the government order bearing no.593 dated

              November 27, 2007.

                     By an order and judgment delivered on March 25,

              2021 in WPA 14468 of 2013 (Animesh Choudhury vs.

              State of West Bengal & Ors.) I had held that an assistant

              teacher who had previously enrolled in the post graduate

              course prior to his employment as an assistant teacher need

              not take prior permission for appearing in the examinations

              of the said course from the competent authority as mandated

              by the notification dated November 27, 2007.

                     In the light of a similar factual matrix, I find that the

              ruling rendered in Animesh Choudhury (supra) is

              squarely applicable in this case as well.
                               2




      In view of the above, this writ petition is also disposed

of on the same basis.     The impugned order in this writ

petition is quashed and set aside.

      Since, no affidavit-in-opposition has been called for

the allegations made in the writ petition are deemed to have

not been admitted by the respondents.

There will be no order as to costs.

Urgent photostat certified copy of this order, if

applied for, be given to the parties upon compliance of all

necessary formalities.

(Shekhar B. Saraf, J.)