Calcutta High Court (Appellete Side)
Sonali Roy Das vs The State Of West Bengal & Ors on 26 August, 2022
M/L 393
26.08.2022
adeb
WPA 19216 of 2021
Sonali Roy Das
Vs.
The State of West Bengal & Ors.
Ms. Papiya Chattopadhyay
...for the Petitioner
Mr. Pradip Kr. Roy
Ms. Shraboni Sarkjar
...for the State
The writ petition is taken up for consideration in
presence of the learned advocates representing the petitioner
and the State-respondents. In spite of granting opportunity by
this Court vide order dated 23rd February, 2022 till date the
respondents have not filed any affidavit-in-opposition to this
writ petition.
Be that as it may, the matter relates to grant of post
graduate scale of pay in favour of the petitioner who was
appointed as Assistant Teacher on 28th March, 2006
possessing academic qualification B.Sc (Honours), B.Ed and
such appointment was duly approved by the concerned
District Inspector of Schools (SE), North 24 Parganas, Barasat
being the respondent no. 3.
It has been submitted by Ms. Papiya Chattopadhyay,
learned advocate representing the petitioner that from the date
of her appointment petitioner has been sanctioned Honours
Graduate Scale of Pay in consideration of the educational
qualification which she had.
It has also been submitted that petitioner prior to her
appointment completed M.Sc Part-1 Examintion in
Mathematics in 2005 and after joining the post of Assistant
Teacher petitioner finally passed M.Sc Part-II Examination.
Petitioner claims sanction of post graduate scale of pay in view
of acquiring higher qualification in the relevant subject of
Mathematics. After qualifying M.Sc final examination the
headmistress of the school where petitioner is working vide
letter dated 30th November, 2015 approached the respondent
no. 3 to sanction post graduate scale of pay in favour of the
petitioner based on the application which petitioner made to
the school authority in this regard. According to the petitioner
till date no formal decision has been taken by the respondent
no. 3 in consideration of such approach which was made by
the head of the institution.
Petitioner has also relied upon judgment dated 11th
February, 2021 passed by the Hon'ble Division Bench on intra
Court appeal being MAT 825 of 2020 ( Md. Adeel Uz Zaman
Vs. The State of West Bengal & Ors.). According to the
petitioner in view of the law laid down by the Hon'ble Division
Bench there is no requirement of obtaining prior permission in
terms of the Government Order dated 27th November, 2007
from the respondent no. 3 since the petitioner commenced
higher study prior to her appointment.
State-respondents are represented by Ms. Shraboni
Sarkar, learned advocate.
In view of the facts as narrated above this Court on
finding that the application of the head of the institution dated
30th November, 2015 is still not decided by the respondent no.
3 grants leave to the writ petitioner to make a composite
representation before the respondent no. 3 within a period of a
fortnight from date. If such representation is made within the
aforesaid date the respondent no. 3 shall take a decision on
the claim of the petitioner relating to sanction of post graduate
scale of pay by passing a reasoned order on granting
opportunity of hearing to the petitioner and the school
authority where the petitioner is working at present within a
period of 12 (twelve) weeks thereafter. Decision to be taken by
the respondent no. 3 shall be communicated to the petitioner
within 1 ( one) week thereafter.
Petitioner shall be at liberty to rely upon the relevant
materials including the judgment of the Hon'ble Division
Bench dated 11th February, 2021 as aforesaid.
With the above direction, the writ petition stands
disposed of.
However, there shall be no order as to costs.
Urgent photostat certified copy of the order, if
applied for, be given to the parties, upon usual
undertakings.
(Saugata Bhattacharyya, J.)
