Calcutta High Court (Appellete Side)
Smt. Rina Paine (Patra) vs The State Of West Bengal & Ors on 4 January, 2023
W.P.A. 8222 of 2011
11. 04.01.2023
bd. Ct.15
Smt. Rina Paine (Patra)
-vs-
The State of West Bengal & Ors.
Mr. Ekramul Bari
Ms. Tanuja Basak
... for the petitioner.
Mr. Supriyo Chattopadhyay
Ms. Iti Dutta
... for the State.
In the writ petition petitioner has questioned
the memo dated 21st March, 2011 issued by the
Director of School Education, West Bengal,
addressed to the District Inspector of Schools (SE),
Bankura, wherein it has been communicated to the
concerned District Inspector of Schools that the
petitioner is not entitled to receive higher scale of
pay in consideration of one Government Circular
being G.O.593- SE-(B) dated 27th November, 2007.
Petitioner is an assistant teacher in social
science group who was appointed with pass
graduate scale of pay with effect from 1st October,
1988 and subsequently obtained post graduate
qualification in history. After obtaining such higher
qualification petitioner was sanctioned post
graduate scale of pay with effect from 14th August,
1996 by the concerned District Inspector of Schools
vide issuing memo dated 18th September, 2002.
Subsequently, on issuing memo dated 21st March,
2011 by the Director of School Education, West
Bengal, right of the petitioner to receive post
graduate scale of pay has been denied.
2
It has been submitted by Mr. Bari, learned
advocate representing the petitioner that on
issuance of this memo dated 21st March, 2011
petitioner is not receiving pay in post graduate scale
which prompted her to approach this Court with the
present writ petition.
Mr. Chattopadhyay, learned senior
Government advocate appears for the State
respondents and defends the decision of the
Director of School Education as contained in said
memo dated 21st March, 2011. It has been
submitted on behalf of the State respondents that
for enjoying post graduate scale of pay permission
from the concerned District Inspector of Schools is
necessary in terms of the Government Order dated
27th November, 2007 being G.O. No.593/(SE)(B).
On hearing learned advocates representing
the parties and perusing the impugned decision of
the Director of School Education dated 21st March,
2011 it appears that petitioner was sanctioned post
graduate scale of pay with effect from 14th August,
1996 being the date following the last date of M.A.
Part-II Examination. Therefore, it appears right of
the petitioner to enjoy the post graduate scale of pay
accrued much before the issuance of the circular
dated 27th November, 2007 which has been relied
upon by the Director of School Education while
denying right of the petitioner to enjoy post
graduate scale of pay. It has also been argued on
behalf of the petitioner that in terms of Clause 12(3)
of ROPA 1998 petitioner is entitled to receive post
graduate scale of pay either with effect from 1st
January, 1996 or the date of improving the
qualification whichever is latter. Here in the instant
case post graduate scale of pay was sanctioned in
favour of the petitioner with effect from 14th August,
1996 on acquiring higher qualification. In support
of such submission reliance has also been placed on
the judgment of the Hon'ble Division Bench dated
31st January, 2014 passed on a writ petition being
WPA 14760 of 2004 (Rabi Kanta Barman -vs-
District Inspector of Schools (SE) & Ors.).
It is also required to be recorded herein that
in spite of direction for filing affidavits the state
respondents have decided not to file the same and
accordingly this Court is considering the issue
based on the materials available on record and the
averments made in the writ petition.
It further appears that impugned order of the
Director of School Education, West Bengal, is devoid
of cogent reasons which depicts non-application of
mind on the part of the Director of School
Education. It has not been spelt out in the
impugned decision dated 21st March, 2011 as to
why Clause 12(3) of ROPA 1998 shall not apply in
the case of the petitioner in deciding her entitlement
to enjoy post graduate scale of pay.
Accordingly, the decision of the Director of
School Education, West Bengal, as contained in
memo dated 21st March, 2011 stands set aside.
The Commissioner of School Education,
West Bengal, is directed to revisit the issue within a
period of 12 weeks from the date of communication
of this order and pass a reasoned order after
granting opportunity of hearing to the petitioner and
the School Authority where petitioner is serving at
present as well as, if necessary, Commissioner shall
also hear the concerned District Inspector of
Schools or his representative.
The decision to be taken by the Commissioner
shall be communicated to the petitioner within a
period of one week thereafter.
While taking such decision the Commissioner
shall consider the decision of the Hon'ble Division
Bench delivered in Rabi Kanta Barman (supra).
Petitioner shall also be at liberty to rely upon other
relevant circulars and decisions of this Court before
the Commissioner.
If Commissioner finds that the petitioner is
entitled to receive the post graduate scale of pay
consequential steps shall be taken for grant of post
graduate scale of pay. If the prayer of the petitioner
for sanction of post graduate scale of pay is refused
Commissioner is required to assign cogent reasons
thereof.
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.)
