Calcutta High Court (Appellete Side)
Gd/Ssd vs The State Of West Bengal And Ors on 22 July, 2022
79 22.07.2022
ct.13
WPA/10428/2021
AGNIHOTRI DEY
gd/ssd VS
THE STATE OF WEST BENGAL AND ORS.
Sk. Sahjahan Ali
..for the Petitioner
Despite service of notice, none represented for the
State.
Mr. Biswabrata Basu Mallick, learned Advocate,
are requested to represent in the instant matter.
Let his appointment be regularised by the office of
the Legal Remembrancer.
The petitioner is aggrieved by non-consideration
by the DI of Schools, Hooghly of a claim for
higher/postgraduate scale of pay. He applied for the
same on 15th of September, 2018.
Admittedly, the petitioner got enrolled in a Post-
Graduate Course before joining his post as the
Assistant Teacher of the School on 28th of October,
2013. After joining service, the petitioner acquired a
post-graduate degree on 3rd September, 2014. He
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.
2
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
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. 4th September, 2014 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
2018. All arrears of high pay scale shall be payable to
the petitioner from 2018 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.
With the aforesaid directions, the writ petition
stands disposed of.
(Rajasekhar Mantha, J.)
qq
