Calcutta High Court (Appellete Side)

Sri Sukesh Majumder vs The State Of West Bengal & Ors on 21 April, 2023

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                    IN THE HIGH COURT AT CALCUTTA

                      (Civil Appellate Jurisdiction)

                              APPELLATE SIDE

Present:

The Hon'ble Justice Subrata Talukdar

And

The Hon'ble Justice Supratim Bhattacharya



                          MAT 1220 of 2021
                                    With
                         IA No. CAN 1 of 2021


                        Sri Sukesh Majumder
                                    -Vs.
                The State of West Bengal & Ors.


For the Appellant         :   Mr. Sudip Ghosh Chowdhury

                               Ms. Bina Baidya

                               Mr. Argho Das

For the State             : Ms. Kakali Samajpaty



Heard On                  : 24.01.2023

Judgement Delivered On    : 21.04.2023
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Supratim Bhattacharya, J.:- In this instant appeal the Judgement of the

Hon'ble Single Bench dated 8th of April, 2021 in the writ petition being WPA

22089 of 2017 is under challenge. The challenge in the writ petition was

thrown by the present appellant to the decision of the District Inspector of

Schools (for short DI), (Secondary Education), Burdwan, through which the

said DI has rejected the prayer of enhanced scale of pay made by the

appellant/writ petitioner.


      The fact of the case is that the appellant/writ petitioner joined the

Bishpara High School, Hooghly on 07.03.2006 as an Assistant Teacher. On

09.01.2007 the appellant completed his Masters of Arts Part-II from Burdwan

University through correspondence. Thereafter the appellant joined the

Jhapandanga Pareshnath Vidyamandir on 24.09.2013 on transfer by the

Central School Service Commission (for short the Commission). Thereafter the

appellant applied for granting him higher scale of pay. After which the

managing committee of the said school adopted a resolution in favour of the

appellant/ writ petitioner and forwarded the same before the DI (Secondary

Education) on 26.07.2016.


      Being unable to obtain any fruitful result the appellant/ writ petitioner

preferred a writ petition before this Hon'ble Court, being WP 4459 (W) of 2017,

wherein the Hon'ble Single Bench disposed of the said writ petition directing

the DI, (Secondary Education), Burdwan, to consider and decide the said
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representation in accordance with law after affording reasonable opportunity of

hearing to the writ petitioner after taking into consideration the ROPA Rules.

As per the direction of the Hon'ble Single Bench, the District Inspector of

Schools (Secondary Education), Burdwan, passed an order dated 18.07.2017

rejecting the prayer of the appellant/writ petitioner praying for additional

increment/higher scale of pay, as a result of which      the instant appeal has

been preferred.


      The Learned Counsel appearing on behalf of the appellant /writ

petitioner during his arguments has submitted that the appellant/ writ

petitioner had commenced his post graduate course in English in the year

2005, that is prior to joining his service, as an Assistant Teacher in the

Bishpara High School on 07.03.2006. He further submitted that as the said

appellant had pursued his M.A. course prior to joining his service, so question

of taking permission from the employer/authority does not arise. He further

submitted that the appellant /writ petitioner had pursued his masters degree

in English, that is the subject which he teaches in the school.


      Relying upon these points the Learned Counsel prayed for enhanced

scale of pay and thus allowing the instant appeal. He further submitted that

the Hon'ble Single Bench misinterpreted the statutes and the Government

Orders and has thus come to an erroneous finding.


      The Learned Counsel appearing on behalf of the State respondents has

relied upon the fact that no permission was sought for by the appellant/writ

petitioner while pursuing the post graduate course. He further submitted that

where no permission has been taken from the appointing authority as regards

to higher studies, the appellant cannot seek higher scale of pay and as a result

of which the prayer of the appellant/ writ petitioner praying for higher scale of

pay on the basis of his achieving Masters Degree has been rejected time and

again. He further submitted that Government Orders and the ROPA Rules do

not support the contentions of the appellant/writ petitioner. Embarking on the

aforementioned points, the Learned Counsel has supported the impugned

Judgement and Order and thus prayed for rejection of the instant appeal.

On going through the impugned order it reveals that the writ petition was

dismissed on the ground that the writ petitioner without taking prior

permission from the DI (SE) obtained post graduate qualification which is in

violation of the Government Order No. 548-SE (S) dated 24.06.1997 and in

violation of the Government Order dated 27th November 2007.

Thus, the crux of the instant lis is as to whether the petitioner has

violated any provision laid down by the Government in respect of obtaining

higher qualification prior to being in service and, after achieving the same,

praying for higher scale of pay.

The Government of West Bengal, School Education Department,

Secondary Branch Order being No. 548-SE (S) dated 24th June 1997 reads as

follows:

"No. 548-SE(S) Dated: the 24th June, 1997.

To: The Director of School Education, West Bengal

Sub: Recognition of correspondence courses conducted by the different Universities of India.

The undersigned is directed by the order of the Governor to say that henceforth all the teachers teaching in different state-aided schools will have to take prior permission from the District Inspector of Schools (SE) through the Managing Committee, Ad hoc Committee/Administrator as the case may be if they like to enrol themselves and to appear for the examination conducted through Correspondence/Distance Mode of education from the UGC-affiliated universities. The Managing Committee of the concerned school shall send such cases to DI (SE) for approval along with their comments, including, inter alia, the relevance of the subject of higher studies and also whether such higher studies are likely to affect the duties of the teacher in the school"

From the aforementioned Government Order it reveals that all the

teachers teaching in different State aided schools will have to take prior

permission from the DI (Secondary Education) through the Managing

Committee, Ad-hoc Committee/ Administrator as the case may be if they wish

to enroll themselves and to appear for the examination conducted through

correspondence/distant mode of education from the UGC-affiliated

universities.

In this instant case the writ petitioner got admitted to the masters degree

course in English in the University of Burdwan in the session 2003-2005 and

appeared in the M.A. Part - I examination 2005 and M.A. Final Examination

2006. As such it is evident that the petitioner joined the course for post

graduation in English prior to his joining the service which was on the 7th day

of March in the year 2006, when he joined the Bishpara High School as an

Assistant Teacher of English. So the question of obtaining prior permission

from the concerned authority does not arise. As such there is no violation by

the petitioner in respect of the aforementioned Government Order.

Next, the Government Order being No. 593-SE (B) dated 27.11.2007

states as follows:

"The School Education Department, Government of West Bengal considers it necessary to publish an order specifying the manner in which a teacher appointed in Honours Graduate/Post Graduate scale of pay will be entitled to claim any additional increment and higher scale of pay upon acquiring Post Graduate/or any Higher Diploma/Degree under Section 14(3) of the West Bengal Schools (Control of Expenditure) Act, 2005.

1. All the teachers teaching in different State Aided Schools will bave to take prior permission from the Managing Committee/Adhoc Committee/Administrator as the case may be to enroll themselves and to appear for any examination for enhancement of educational qualification. The Managing Committee being 'Competent Authority' in such cases will take a decision in its next meeting and convey its decision to the teacher concerned immediately. A copy of the decision of the Managing Committee will be forwarded to the office of the DI of Schools (SE) of the concerned district.

2. The applicant-teacher thereafter, will, if necessary, apply for Leave/Special Leave/ Study Leave as the case may be (along with the resolution of Managing Committee) to the West Bengal Board of Secondary Education (which is the Competent Authority in this case) through the Managing Committee of the School.

3. The teacher is required to seek prior permission of concerned District Inspector of Schools (SE) (only when he/she wants to claim additional increment/higher scale of pay etc. for obtaining such higher qualification) through the Managing Committee of the School.

4. Provided further that no such permission can be granted on any ground to any teacher who has entered the service/joined the school with Graduate Degree and with a graduate scale of pay. [Any Managing Committee of any school recommending such case and/or any District Inspector

of Schools granting such prayer will be treated as an 'Offender' under West Bengal Schools (Control of Expenditure) Act, 2005].

5. The courses to be studied should be relevant to the subjects studied in Under Graduate Honours/Post Graduate Course of the Applicant Teacher and none other. The Deemed University/University etc. conducting the examination must be affiliated to UGC."

From the aforesaid Government Order it reveals that a teacher who is in

service has to obtain prior permission from the concerned authority and in the

instant case the petitioner had joined his course for post graduation in English

prior to joining the service as a School Teacher on 07.03.2006. Therefore, no

question of prior permission from the authorities concerned is relevant in case

of the appellant/ writ petitioner.

So the appellant/ writ petitioner has not violated either of the

aforementioned two orders relying upon which the District Inspector of Schools

had rejected the prayer for enhanced scale of pay.

It is also a fact that the appellant/ writ petitioner had completed his

Masters Degree in English, the subject which he is teaching in school. Needless

to mention that the teacher concerned with his higher degree of qualification in