9 vs Akb The State Of West Bengal & Ors
2021 Latest Caselaw 2941 Cal

Ct.
No.   22.04                      W.P.A. 9799 of 2015
26    2021                        (Via Video Conference)
                                  Din Mohammad Sheikh
 9                                          Vs.
akb                           The State of West Bengal & Ors.


              Mr. Ekramul Bari
              Ms. Tanuja Basak
              Sk. Imtiaj Uddin          ...For the Petitioner




                        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/her 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 light of the similar factual matrix in the present
              writ petition to the case of Animesh Choudhury vs. State of West
              Bengal & Ors. (supra), the principles enunciated therein are

              squarely applicable to the present writ petition.
                        In view of the above, this writ petition is also
              disposed of on the same basis. In this writ petition, if there
              is an order rejecting the application for higher scale of pay,
              the impugned order is set aside.
                        The pertinent authorities are accordingly directed
              to allow higher scale of pay to the petitioner from the date
              following the last date of the final examination of the Post-
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Graduate course. The District Inspector of Schools (SE)
concerned shall do the needful in this regard within a period
of 10 (ten) weeks from the date of communication of this
judgment.
          In light of the above conclusion and directions, the
writ petition is allowed.
          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.)