Santosh Kr. Biswas vs The D.I. Of Schools(Se) & Ors
2022 Latest Caselaw 3445 Cal

15.6.22
Ct.25,
sl.23,sk                W.P.A. 20309 of 2009
              Santosh Kr. Biswas Vs- The D.I. of Schools(SE) & Ors.

                   Mr. Sahasrangshu Bhattacharjee
                             .... For the petitioner.

                   Mr. Susanta Paul
                   Mr. Subhendu Sengupta
                               ...For the State.

                   The petitioner was appointed as an Assistant

           Teacher of Fatepur High (HS) School in the District of

           Bankura in English language with effect from 3rd April,

           1996.

                   At the time of appointment, the qualification of the

           petitioner was B.A (Honours) in English. The petitioner

           obtained the M.A. Degree in English from Rabindra

           Bharati University(Distant Education) in the year 2005.

           The petitioner claimed     post graduate scale of pay with

           effect from 9.3.2005 i.e. the date of publication of the M.A

           Part-II Examination in English.

                   The prayer of the petitioner for post graduate scale

           of pay was rejected by the District Inspector of Schools by

           an order dated 10th August, 2009 on the ground that the

           petitioner did not seek permission of the concerned

           District Inspector of Schools before pursuing the post

           graduate course. The other ground for rejecting the prayer

           of the petitioner was the Memo dated November 27, 2007

           which has been wrongly mentioned as December 27,2007

           in the order dated August 10,2009.

                   Mr.   Bhattacharjee,   learned   advocate   for   the
 petitioner submits that since the petitioner acquired his

post graduate degree prior to     coming into force of the

West Bengal Schools(Control of Expenditure) Act, 2005,

petitioner was not required to take the permission of the

concerned District Inspector of Schools for pursuing his

post graduate course. He further submitted that the West

Bengal Schools(Control of Expenditure) Act, 2005 is

prospective in     operation and since the same came into

force with effect from December 27, 2005 and the

petitioner acquired post graduate degree in the relevant

subject prior to    coming into force to the said Act, the

Memo dated November 27, 2007 cannot stand in the way

of the petitioner being granted the post graduate scale of

pay.   In support of his submission, he places reliance

upon Co-ordinate Bench decision in the case of Partha

Sarathi Das-Vs-State of West Bengal reported at 2014(4)

CHN(CAL) 261 and Subhasish Naskar-Vs-State of West

Bengal reported at 2012(4) CHN(CAL) 372 and a Division

Bench judgment in the case of State of West Bengal and

Ors.    Vs-Sauvik      Ghosh    &     Ors.     reported     in

2009(1)CLJ(CAL) page 173.

       The learned advocate appearing for the State

/respondent prays for time to consider the aforesaid

decisions and make his submissions on the next day.

List this matter on June 23, 2022 as "For Orders".

( Hiranmay Bhattacharyya, J. )