Calcutta High Court (Appellete Side)
Subrata Kumar Ghosh vs The State Of West Bengal & Ors on 9 September, 2021
09-09-2021
ct no. 05
Sl. 02.
Sayandeep
W.P.A. 21113 of 2019
Subrata Kumar Ghosh
-Versus-
The State of West Bengal & Ors.
(Via Video Conference)
Mr. Sakti Pada Jana
Mrs. Ujani Pal (Samanta)
...for the petitioner
Mr. Suprioyo Chattopadhyay
Mr. Sabyasachi Mondal
....for the State
Writ petitioner is an Assistant Teacher in
Prasadpur Ramranjan High School (hereinafter
referred to as the "said school"), District
Birbhum with effect from 13th July, 2011 and in
support of such appointment of the writ
petitioner the concerned District Inspector of
Schools (SE), Birbhum issued approval of
appointment vide memo dated 16th August,
2011. The concerned District Inspector of
Schools sanctioned Hons. graduate scale of pay
while granting approval to the writ petitioner in
acknowledging the educational qualification of
writ petitioner that is B.Sc Hons. in
mathematics and from the date of appointment
the writ petitioner has been enjoying such Hons.
graduate scale of pay. It further appears from
the schedule of first semester examination, 2010
2
of M.Sc. in Mathematics issued by the controller
of examinations of the Burdwan University dated
25th November, 2010 that the writ petitioner
participated in the said examinations which
commenced on and from 24th December, 2010
and ended on 4th January, 2011. The schedule
of 2nd semester which was held in the month of
June and July in 2011 is also annexed to the
writ petition at page -33. From these facts, it is
clear that the writ petitioner was undergoing
postgraduate course in Mathematics in Burdwan
University prior to his joining as Assistant
Teacher in the said school. Ultimately, petitioner
passed M.Sc. examination in Mathematics in
2012 and thereafter approached the District
Inspector of Schools(SE), Birbhum through his
school authority for sanction of postgraduate
scale of pay.
The prayer of the writ petitioner was
spurned by the concerned District Inspector of
Schools vide memo dated 13th October, 2015 on
the ground that there was no prior permission
obtained from the office of the said District
Inspector of Schools (SE). The said rejection
order dated 13th October, 2015 was assailed in
the writ petition being WP No. 17232(w) of 2018
which was disposed of by a coordinate Bench
upon passing an order dated 27th June, 2019
3
thereby the said memo of the concerned District
Inspector of Schools (SE) dated 13th October,
2015 was set aside with a direction upon the
District Inspector of Schools (SE) to pass a
reasoned order on the prayer of the writ
petitioner for sanctioning postgraduate scale of
pay.
Pursuant to the said order dated 27th
June, 2019 passed by the Coordinate Bench, the
concerned District Inspector of Schools(SE)
again rejected the prayer of the writ petitioner
for sanction of postgraduate scale of pay by
issuing memo dated 22nd August, 2019 chiefly
on the ground that there was non-compliance of
circular letter dated 27th November, 2007, which
was issued in terms of Section 14(3) of the West
Bengal Schools (Control of Expenditure) Act,
2005 which prescribes requirement of obtaining
permission from the District Inspector of Schools
by the teacher who wants to enhance his
academic qualification while in service and on
another ground which has also been pointed out
by the concerned D.I. is non-compliance of
Clause 25 of the West Bengal Board of
Secondary Education (Conduct and Discipline of
Teachers and non-Teaching Staff) Regulations,
2004. The said decision of the District Inspector
of Schools concerned as contained in the memo
4
dated 22nd August, 2019 is under challenge in
the present writ petition which is at page-56,
annexure P-11.
Mr. Sakti Pada Jana, learned advocate
appears on behalf of the writ petitioner and
submits before this Court that the grounds
taken by the concerned District Inspector of
Schools(SE), the respondent No. 3, is not tenable
in view of the judgment of the Hon'ble Division
Bench dated 11th February, 2021 passed on
MAT 825 of 2020 (Md. Adeel Uz Zaman vs. The
State of West Bengal & Ors.). The contention
made on behalf of the writ petitioner is that the
issue relating to requirement of obtaining
permission by an in-service teacher undergoing
higher course of study for obtaining higher
qualification in the relevant subject in order to
enjoy higher scale of pay has been considered in
the said judgment of the Division Bench dated
11th February, 2021 on the anvil of the circular
letter dated 27th November, 2007 and therefore
the issue relating to requirement of obtaining
prior permission is no more res integra. In
addition thereto, it has also been submitted on
behalf of the writ petitioner that Clause 25 of the
West Bengal Board of Secondary Education
(Conduct and Discipline of Teachers and non-
Teaching Staff) Regulations, 2004 has no
manner of application in the present case, since
the writ petitioner has obtained due permission
from the school authority which is dated 3rd
December, 2011.
Mr. Suprioyo Chattopadhyay, learned
Senior Government advocate, duly assisted by
Mr. Sabyasachi Mondal, learned advocate
appears on behalf of the State respondents and
submits that in view of the relevant provisions of
the circular letter dated 27th November, 2007 as
well as Clause 25 of the Regulations of 2004 the
writ petitioner is not entitled to enjoy the benefit
of higher scale of pay.
This Court has considered the
submissions of the learned advocates
representing the rival parties and also gone
through the relevant provisions of the circular
letter dated 27th November, 2007 as well as
Clause 25 of the Regulations of 2004.
It appears on perusal of the judgment
dated 11th February, 2021 passed by the Hon'ble
Division Bench in Md. Adeel (supra) that it has
unequivocally been decided by the Division
Bench that where the teacher concerned is
appointed in a permanent post in a Government
recognized secondary school while he is
undergoing higher course of study in the
relevant subject, obtainment of permission as
envisaged under the said circular letter dated
27th November, 2007 is not required.
While appreciating the ground indicated
by the respondent No. 3 in the impugned memo
dated 22nd August, 2019 relating to non-
compliance of Clause 25 of Regulations, 2004
this Court finds it proper to quote the said
Regulations 25 below:
"Submission of applications for
appearing at any
examination--Every teacher or
non-teaching staff shall submit an
application for appearing in any
examination through the
appointing authority and with the
approval of the Committee."
On plain reading of said Clause 25, it
appears that the teacher concerned is required
to submit an application for appearing in any
examination through appointing authority and
with the approval of the Committee. Here, in the
present case, it is undisputed that the said
school authority being the appointing authority
of the writ petitioner permitted him to undergo
higher course of study vide Managing Committee
Resolution dated 3rd December, 2011 therefore
said Clause 25 of Regulations of 2004 does not
create any impediment in the matter of
sanctioning postgraduate scale of pay to the writ
petitioner.
In view of the above discussion, the
impugned memo dated 22nd August, 2019
issued by the District Inspector of Schools (SE),
Birbhum is set aside. The respondent No. 3 is
directed to consider the claim of the writ
petitioner for sanction of postgraduate scale of
pay afresh on the basis of the observations made
above as well as the observations made by the
Hon'ble Division Bench in its judgment dated
11th February, 2021 passed in Md. Adeel
(Supra). Such decision shall be taken by the
District Inspector of Schools (SE) within a period
of eight weeks from the date of communication
of this order and communicate the decision
taken in terms of this order to the petitioner
within two weeks thereafter. Before taking
decision the District Inspector of Schools (SE)
shall give opportunity to the petitioner as well as
the school authority where the petitioner is
serving at present.
With the above observation, the writ
petition stands disposed of.
There shall be no order as to costs.
Affidavit-of service filed in Court today is
taken on record.
All parties are directed to act on a server
copy of this order duly downloaded from the
official website of this Court.
Urgent photostat certified copy of this
order, if applied for, is to be given to the parties
upon compliance with the necessary formalities.
(Saugata Bhattacharyya, J.)
