Calcutta High Court (Appellete Side)
Susila Mondal vs State Of West Bengal & Ors on 16 September, 2022
21 16.09.2022
Ct.15
W.P.A. 10128 of 2019
rkd
Susila Mondal
-vs-
State of West Bengal & Ors.
Mr. Arjun Ray Mukherjee,
Mr. Debapriya Mitra,
Mr. Joyjeer Medhi
....for the petitioner.
Mr. Sanjib Das
....for the State.
The writ petition pertains to grant of
postgraduate scale of pay in favour of the petitioner
who was appointed in the post of Assistant Teacher
in a Government aided recognised High School on
28th January, 2008 with the educational
qualification of B.A. (Honours) in English in
Language Group.
The learned advocate representing the
petitioner has submitted that at the time of her
appointment she had completed Part-I examination
in connection with higher studies for obtaining
postgraduate qualification in English from a
recognized University through correspondence
course. After appointment of the petitioner on 28th
January, 2008 with the permission of the school
authority petitioner participated in Part-II
examination which commenced on and from 17th
October, 2008. Ultimately petitioner obtained
2
postgraduate qualification in English and in
support of the same the certificate issued by the
University is annexed to this writ petition at page
20.
It has also been submitted that since the
petitioner was sanctioned honours graduate scale
of pay at the time of her appointment with effect
from 28th January, 2008 therefore on acquiring
postgraduate qualification in the relevant subject
she is entitled to receive the benefit of postgraduate
scale of pay from the date following the last date of
M.A. Part-II examination which ended on 24th
October, 2008.
It has further been contended on behalf of
the petitioner that the prior permission as
contemplated under the Government order dated
27th November, 2007 is not required since the
petitioner enrolled herself in the higher course of
studies prior to her date of appointment on 28th
January, 2008 and in this regard reliance has been
placed on the judgment dated 11th February, 2021
passed by the Hon'ble Division Bench on an intra
Court appeal being MAT 825 of 2020 (Md. Adeel Uz
Zaman Vs. The State of West Bengal & Ors.).
The state respondents are represented by
the learned advocate who has submitted that on
3
the prayer being made by the petitioner through
her school authority for sanction of postgraduate
scale of pay one memo was issued by the Deputy
Director of School Education (GA), West Bengal
addressed to the Additional District Inspector of
Schools (S.E.), Purulia dated 6th June, 2017
seeking views of the said ADI, Purulia on sanction
of postgraduate scale of pay in favour of the
petitioner.
It has been submitted on placing reliance
on the said memo dated 6th June, 2017 that the
issue is under process and soon a decision to be
taken by the authority relating to entitlement of the
petitioner to receive postgraduate scale of pay.
This Court has heard the learned advocates
representing the parties and perused relevant
materials available on record.
From the facts of the case as narrated
above, it appears that the petitioner enrolled herself
in higher course of studies for obtaining
postgraduate qualification in English from a
recognized University prior to her appointment on
28th January, 2008 and subsequently, she
completed postgraduate course on 24th October,
2008 and the result was published on 19th May,
2009.
4
In view of obtaining postgraduate
qualification in relevant subject on completion of
higher course of studies which she commenced
prior to her date of appointment and completed
after date of appointment and in consideration of
sanction of honours graduate scale of pay in favour
of the petitioner from the date of her appointment,
this Court finds that there is no requirement to
obtain permission from the concerned District
Inspector of Schools (S.E.) Purulia in terms of the
Government order dated 27th November, 2007 as
decided by the Hon'ble Division Bench in Adeel Uz
Zaman (supra). The relevant part of the said
judgment is quoted below:
"There cannot be any doubt that the
appellant was appointed on 21st
July, 2019 in Science and Maths
Group against a sanctioned vacancy
and at the relevant point of time he
had only B.Sc. Honours degree in
Chemistry. It was on the basis of
such qualification he was appointed
as a Science Teacher in Chemistry of
the said college. This appointment
letter shows that the authority
concerned was aware of all facts
that he was pursuing higher studies.
In fact, the document disclosed
clearly reveals that he had
completed his part-I examination in
5
M.Sc. and was pursuing his higher
studies. It is in the backdrop of such
fact that we need to consider the
Government Order dated 27th
November, 2007. Clause 1 of the
said order is applicable when the
teacher concerned is yet to enroll
himself in the course and to appear
in the examination for enhancement
of education qualification. The very
fact that he had already enrolled
himself prior to his appointment and
that he had already participated in
the said examination and
successfully completed M.Sc. part-I,
in our considered opinion he is not
required to obtain any prior
permission to enroll himself for the
purpose of appearing in the future
examination for enhancement of his
educational qualification as
contemplated in clause 3 of the
Government Order dated 27th
November, 2007. In such view of the
matter the decision cited by the
Government Pleader passed by a
learned Single Judge in Purna
Chandra Misra (supra) has no
manner of application.
.....................................
In the present case appellant is in
receipt of honours graduate of pay,
staff pattern cannot be a bar for
extending the benefit of post
graduate scale of pay. We also
observe that the relevant Rule does
not prevent the authorities from
giving an ex-post-facto approval if
occasion so arises."
In view of aforesaid consideration and
placing reliance on the ratio of the judgement of
Adeel Uz Zaman (supra), this Courts directs the
Commissioner of School Education, West Bengal, to
take decision on sanctioning postgraduate scale of
pay to the petitioner within a period of twelve weeks
from the date of communication of this order upon
granting opportunity of hearing to the petitioner or
her representative as well as the school authority
where petitioner is working and the concerned
District Inspector of Schools (S.E.), Purulia and to
pass an order and the same shall be communicated
to the petitioner within one week thereafter.
However, it is made clear that absence of
prior permission as contemplated under
Government order dated 27th November, 2007
relating to the higher studies of the petitioner
which she completed on 24th October, 2008 shall
not be a relevant consideration while deciding the
entitlement of the petitioner to receive postgraduate
scale of pay.
With the above observation and 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.)
