Subhra Chaudhuri vs State Of West Bengal & Ors
2023 Latest Caselaw 225 Cal

20    09.01.2023
      Ct.15
                                       W.P.A. 21987 of 2013
rkd

                                       Subhra Chaudhuri
                                             -vs-
                                  State of West Bengal & Ors.

                   Mr. Ekramul Bari,
                   Mr. S. M. Ali,
                   Ms. Tanuja Basak
                                                            ....for the petitioner.

                   Mr. Santanu Kumar Mitra,
                                                                 ...for the State.

                            In the present writ petition the decision of

                   the District Inspector of Schools (S.E.), Kolkata

                   dated 8th May, 2013 is under challenge whereby

                   prayer    of   the    petitioner   for   sanctioning     two

                   additional increments for acquiring Ph.D was

                   turned down.

                            It has been submitted by Mr. Bari, learned

                   advocate representing the petitioner that she was

                   awarded Ph.D on 3rd May, 2007 and reliance has

                   been placed on Government Order dated 5th

                   January, 2012 issued by the Joint Secretary,

                   School Education Department whereby a cut off

                   date has been fixed i.e. 18th August, 2005 for grant

                   of   incremental       benefits    for   acquiring     Ph.D.

                   According to the petitioner such fixation of cut off

                   date vide circular dated 5th January, 2012 has been

                   negated by a coordinate Bench by delivering
                            2




judgment therefore on the strength of this circular

dated 5th January, 2012 claim of the petitioner for

grant of two additional increments cannot be

ignored.

        Mr.    Mitra,    learned     senior    Government

advocate appears for the State respondents who

has defended the decision of the District Inspector

of Schools (S.E.), Kolkata on placing reliance on the

judgment of the Division Bench dated 5th April,

2019 on an intra Court appeal being FMA 2368 of

2015 (State of West Bengal & Ors. -vs- Gautam

Ghosh & Ors.).

This Court on perusal of this judgement

dated 5th April, 2019 finds that on similar

circumstances claim of respondent no.1 for grant of

incremental benefits on acquiring Ph.D was

negated in consideration of the provisions of ROPA

2009 which came into existence with effect from 1st

January, 2006.

In the present case petitioner obtained Ph.D

on 3rd May, 2007 which is admittedly after coming

into effect of ROPA 2009. There is also no dispute

with regard to the provisions of ROPA 2009 which

does not empower the authorities to grant two

additional increments for obtaining Ph.D from the

date of convocation on which such degree is

awarded.

In view of the aforesaid facts relating to the

date on which petitioner obtained Ph.D and placing

reliance on the decision of the Hon'ble Division

Bench in Gautam Ghosh (Supra), this Court does

not find merit in the writ petition and accordingly

the writ petition stands dismissed.

However, there shall be no order as to

costs.

Urgent photostat certified copy of this

order, if applied for, be given to the learned

Advocates for the parties on the usual

undertakings.

(Saugata Bhattacharyya, J.)