Calcutta High Court (Appellete Side)
Sk. Abdur Rakib vs The State Of West Bengal & Ors on 24 September, 2021
Ct. 05
Item No.08
24.09.2021
(suvendu)
WPA 2581 OF 2021
(VIA VIDEO CONFERENCE)
Sk. Abdur Rakib
Vs.
The State of West Bengal & Ors.
Mr. Bidhan Biswas
.......for the petitioner
Ms. Chaitali Bhattacharya
Mr. Mrinal Kanti Ghosh
......for the State
The writ petitioner is an Assistant Teacher in
a Government aided secondary school and he was
appointed on 3rd October, 2007 having
qualification of B.Sc. (Honours) in Mathematics. It
has been submitted by Mr. Biswas, learned
advocate appearing on behalf of the writ petitioner,
that at the time of joining the post of Assistant
Teacher, he was undergoing Post Graduate course
in Jadavpur University and ultimately he acquired
M.Sc. qualification in Mathematics from Jadavpur
University in 2008. In addition thereto, it has also
been submitted on behalf of the writ petitioner
that the managing committee of the school where
the writ petitioner is serving adopted resolution
thereby permitting the writ petitioner to participate
in the M.Sc. Part -II examination. After acquiring
2
higher qualification, the writ petitioner made
representation dated 1st December, 2020 before
the District Inspector of Schools (S.E.), North 24 -
Parganas, page 38 of the writ petition. The
grievance of the writ petitioner is that in spite of
entitlement of the writ petitioner to enjoy Post
Graduate scale of pay, till date no decision has
been taken by the District Inspector of Schools
(S.E.), North 24-Parganas, respondent no.3, on the
said representation dated 1st December, 2020.
Ms. Chaitali Bhattacharya, learned Senior
Government Advocate appears on behalf of the
State respondents and submits that since the
representation is pending before the respondent
no. 3 for consideration, let it be considered in
accordance with law.
Considering the rival submissions made on
behalf of the respective parties to this writ petition,
this Court directs the District Inspector of Schools
(S.E.), North 24 -Parganas, respondent no. 3, to
take decision on the representation of the writ
petitioner dated 1st December, 2020 by passing a
reasoned order after affording opportunity of
hearing to the writ petitioner and the concerned
authority of the school where the writ petitioner is
presently serving, within a period of twelve weeks
from this day. The decision to be taken by the
respondent no. 3 shall be communicated to the
writ petitioner within a period of two weeks
thereafter.
This Court also directs the respondent no. 3,
while taking such decision on the prayer of the
writ petitioner for sanction of Post Graduate scale
of pay, to follow the observations made by the
Division Bench of this Court in its judgment dated
11th February, 2021 passed in MAT 825 of 2020
( Md. Adeel Uz Zaman Vs. The State of West
Bengal & Ors.) wherein it was decided that if a
teacher was undergoing higher studies prior to
joining the post of Assistant Teacher, in that event
the Government Circular dated 27th November,
2007 shall not stand in the way in granting Post
Graduate scale of pay to the teacher concerned.
Accordingly, the writ petition is disposed of
without any order as to costs.
Affidavit of service filed in Court today is
taken on record.
All parties to act on the server copy of this
order downloaded from the official website of this
Hon'ble Court.
Urgent photostat certified copy of this order, if
applied for, be given to the parties on usual
undertakings.
(Saugata Bhattacharyya, J.)
