Sp vs The State Of West Bengal And Ors
2022 Latest Caselaw 5382 Cal

779     12.08.2022
ct.13
                                    WPA/22895/2014
                                  Supriya Mondal (Maity)
        sp                                 VS
                           THE STATE OF WEST BENGAL AND ORS.



                          Mr. Kaustav Chandra Das,
                          Sk. Sahjahan Ali
                                     ..for the Petitioner



                          The petitioner is aggrieved by non-consideration

                     by the ADI of Schools, Contai, Purba Medinipur, of a

                     claim for higher/postgraduate scale of pay. He applied

                     for the same on 25th of April, 2013.

                          Admittedly, the petitioner got enrolled in a Post-

                     Graduate Course      before   joining   his   post   as   the

                     Assistant Teacher of the School on 17th of March, 2006.

                     After joining service, the petitioner acquired a post-

                     graduate degree on 7th July, 2006. She applied for

                     higher scale of pay. It was held that in terms of

                     G.O.593, dated November 27, 2007, prior permission of

                     the DI was necessary for the purpose of pursuing such

                     post graduate course.

                          Counsel for the petitioner relies upon the decision

                     of this Court dated September 22, 2021, passed in WPA

                     1044 of 2021 as also the judgment of this Court dated

                     February 11, 2021, delivered in MAT 825 of 2020 with

                     CAN 1 of 2021. Counsel for the petitioner submits that
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the G.O.593-SE(B), dated November 27, 2007 is binding

on the respondents. Placing reliance on the decision of

the Division Bench of this Court delivered in MAT 825

of 2020 with CAN 1 of 2021 (Md. Adeel Uz Zaman -vs-

The State of W.B. & Ors), dated February 11, 2021, it is

submitted that a similarly circumstanced person who

got enrolled in a post graduate course prior to his

engagement as an assistant teacher did not seek any

such approval. The aforesaid decision was followed by

this Court in the case of Golam Khaja Farid -vs- The

State of West Bengal & ors. (WPA 1044 of 2021).

Counsel for the State submits that the decision

that G.O.593-SE(B), dated November 27, 2007

mandates approval of the DI, both at the time of

admission and for the purpose of examination.

However, this Court is bound by the decision of a

Division Bench of this Court delivered in MAT 825 of

2020 with CAN 1 of 2021 (Md. Adeel Uz Zaman -vs- The

State of West Bengal & Ors.), in which case the DI of

Schools allowed the post graduate scale of pay to the

said Md Adeel Uz Zaman in terms of the order of the

Division Bench.

In that view of that matter, the petitioner in this

case shall also be entitled to post graduate scale of pay

pursuant to his having acquired the higher qualification

i.e. w.e.f. 8th July, 2006 i.e. the day after the last day of

examination in P.G. The petitioner shall be entitled to

notional fixation of higher pay scale upto 2013. All

arrears of high pay scale shall be payable to the

petitioner from 2013 till date. In the peculiar facts and

circumstances of this case, this Court is not inclined to

order any interest in favour of the petitioner.

The DI, Purba Medinipur and the school shall

release all arears to the petitioner within 2 months of

the date of communication of this order.

With the aforesaid directions, the writ petition

stands disposed of.

(Rajasekhar Mantha, J.)

qq