Suman Kumar Biswas vs The State Of West Bengal And Ors
2021 Latest Caselaw 371 Cal/2

OD-6
                               WPO 34 of 2020
                      IN THE HIGH COURT AT CALCUTTA
                        Constitutional Writ Jurisdiction
                               ORIGINAL SIDE



                         SUMAN KUMAR BISWAS
                                  VS
                   THE STATE OF WEST BENGAL AND ORS




  BEFORE:
  The Hon'ble JUSTICE SHEKHAR B. SARAF
  Date : 9th April, 2021.



                                                                       Appearance:
                                                         Mr. Shakti Pada Jana, Adv.
                                                                     ...for petitioner.



       The Court : 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.



       The petitioner in this case, assails an order dated December 27, 2019

which had negated the petitioner's claim for higher scale of pay on the basis of

the Government Order bearing no. 593 dated November 27, 2007.
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      It is also to be noted that the petitioner had already enrolled for the

postgraduate course, prior to joining the post of an Assistant Teacher in the year

2010. Furthermore, the petitioner made his application on December 24, 2010,

which was forwarded to the District Inspector of Schools (SE), Kolkata. No reply

was received by the petitioner or the authorities. Subsequently, the petitioner

also took the examinations and successfully secured the post-graduate degree.



      By an order and judgment delivered on March 25, 2021 in W.P.A 14468 of

2013 (Animesh Choudhury -v- 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.



      In light of the same. I set aside the impugned order dated December 27,

2019 and direct the authorities to give higher scale of pay to the petitioner from

the date following the last date of the final examination of the postgraduate

course. The authorities shall do so within a period of four weeks from the date of

communication of this order.
                                             3


      In view of the above this writ petition is also disposed of on the same basis

as Animesh Choudhury (supra).



      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, on priority basis.

(SHEKHAR B. SARAF, J.)

SK.