Calcutta High Court (Appellete Side)
Ar vs State Of West Bengal & Ors on 24 July, 2023
04 24.7.2023
Ct-08
MAT 1824 of 2014
with
I.A No. CAN 1 of 2016(Old CAN No. 1717 of 2016)
Sujit Kumar Adhikari
ar Vs.
State of West Bengal & Ors.
Mr. K.M. Hossain
... For the Appellant
Mr. Tapan Kumar Mukherjee, Ld. AGP
Mr. Somnath Naskar
... For the State
The appeal is arising out of an order dated
11th August, 2014 by which the writ petition filed
by the appellant challenging the order of the
District Inspector of Schools (S.E), North 24
Parganas, dated 7th March, 2013 was dismissed
on the ground of constructive res judicata.
It appears that the writ petitioner filed a writ
petition in 2006 being WP 27259(w) of 2006 in
which the writ petitioner prayed for grant of
higher scale of pay after acquiring Honours
degree. It is not in dispute that he made several
representations for grant of high scale of pay and
had relied upon various Circulars in this regard.
The writ petition was disposed of by the learned
Single Judge on 26.9.2012 with the following
observations:-
"Heard the learned Counsel appearing for the
parties and considered the submissions made by
2
the learned Counsel appearing for the parties.
There are circulars in favour of granting higher
scale of pay.
In my view, the writ petitioner is entitled to get
higher scale of pay for his Honours degree.
Accordingly, I direct the District Inspector of
Schools (S.E), North 24 Parganas to release the
higher scale of pay in favour of the writ petitioner
within eight weeks from the date of
communication of this order."
In terms of the said order District Inspector
of Schools (S.E), North 24 Parganas passed an
order on 7th March, 2013 which reads as
follows:-
"Reference : Order dated 26.9.2012
passed by Hon'ble Justice Ashoke Kumar
Dasadhikari in the Writ Petition no.
27259(w) of 2006 in the matter of Sujit
Kumar Adhikari - VS - State of West
Bengal and Others.
In compliance with the Solemn Order dated
26.09.2012
passed by Hon'ble Justice Ashoke
Kumar Dasadhikari in the above Writ Petition
Honours Graduate Scale of Pay is hereby
sanctioned in favour of Sri Sujit Kumar Adhikari,
Assistant Teacher of his School as he has been
taking Chemistry Classes of Higher Secondary
Section of the School. This Higher Scale of Pay is
sanctioned w.e.f 17.07.2006, the date of his
application for Higher Scale of Pay to the School
Authority."
In the writ petition, the said order was
challenged. The learned Single Judge was of the
view that the second writ petition being WP
37962(w) of 2013 is barred by constructive res
res judicata, in view of the fact that despite a
prayer being made before the learned Judge in
seisin of the earlier writ petition filed by the writ
petition for grant of higher scale of pay with
effect from February 1999 no order was passed
with regard to such prayer.
We have carefully read the prayers made in
the earlier writ petition as well as in the
subsequent writ petition and we are unable to
accept that the prayer made in the earlier writ
petition with regard to higher scale of pay with
effect from February 1999 was impliedly rejected
as it was implicit in the order passed in the
earlier writ petition that there are "Circulars in
favour of granting higher scale of pay".
The observation made in the earlier order
referred to the Circulars relied upon by the
appellant in the earlier writ petition and the D.I
was required to consider the said Circulars for
the purpose of deciding the prayer of higher scale
of pay. The D.I has determined higher scale of
pay with reference to the date of the application
filed by the petitioner for higher scale of pay i.e.
17th July, 2006 and not based on Circulars on
which reference was made in the first writ
petition.
Under such circumstances, we dispose of the
appeal by directing the District Inspector of
Schools (S.E), South 24 Parganas to consider the
prayer for higher scale of pay in terms of the
Circulars mentioned in the earlier writ petition
being WP 27259(w) of 2006. Learned counsel
representing the appellant has submitted that
the person similarly placed as that of the present
appellant was granted higher scale of pay in the
year 1999. In the event such fact is brought to
the notice of D.I in course of hearing, it is
needless to mention that District Inspector of
Schools (S.E), North 24 Parganas, shall take into
consideration the said fact.
It is needless to mention that D.I in
considering such application for higher scale of
pay shall take into consideration amongst other,
the staff pattern, staff strength and sanctioned
post within eight weeks from the date of
communication of this order after granting
reasonable opportunity of hearing to the
appellant.
The D.I in considering the said
representation shall also take into consideration
that a teacher with higher qualification would be
expected to have better growing knowledge in the
subject and the students are the ultimate
beneficiary of such acquired higher qualification.
The benefit of higher qualification would no
doubt benefit the teacher in terms of money but
the students are the ultimate beneficiary of such
acquired knowledge. The institution as a whole
is thus benefited. It would be the endeavour of
all institutions to have academic excellence and
it is the duty of the State to encourage academic
excellence in all the institutions since the
ultimate beneficiary would be the students.
The appeal succeeds and MAT 1824 of 2014
is accordingly disposed of.
The judgment under appeal is set aside.
In view of disposal of the appeal nothing to be
decided in the application for stay being CAN
1717 of 2016 and the same is accordingly
disposed of.
(Uday Kumar, J.) (Soumen Sen, J.)
