Shatavisa Mandal @ Shatavisa Das ... vs State Of West Bengal & Ors
2021 Latest Caselaw 3075 Cal

S/L 3
30.4.2021
Court No.26
SD
                                  WPA 4009 of 2016
                               (Via Video Conference)

                      Shatavisa Mandal @ Shatavisa Das Mandal
                                         Vs.
                             State of West Bengal & Ors.

              Sk. Sahjahan Ali
                                                         ... 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.
                                2




       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-
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.)