Sumana Pandit vs The State Of West Bengal & Ors
2023 Latest Caselaw 5925 Cal

S/L 99
05.9.2023

Court No.26 SD WPA 20762 of 2021 With CAN 1 of 2023

Sumana Pandit Vs.

The State of West Bengal & Ors.

Sk. Sahjahan Ali ... for the Petitioner.

This matter relates to drawing of higher scale of pay

upon securing post graduate qualification as governed by the

West Bengal Schools (Control of Expenditure) Act, 2005

read with the Government Order bearing No.593 dated

November 27, 2007.

By an order and judgment delivered on March 25,

2021 in WPA 14468 of 2013 (Animesh Choudhury vs.

State of West Bengal & Ors.), I had held that an

assistant teacher who had previously enrolled in the Post-

Graduate course prior to his/her employment as an assistant

teacher need not take prior permission for appearing in the

examinations of the said course from the competent

authority as mandated by the Notification dated November

27, 2007.

In light of the similar factual matrix in the present

writ petition to the case of Animesh Choudhury vs.

State of West Bengal & Ors. (supra), the principles

enunciated therein are squarely applicable to the present

writ petition.

In view of the above, this writ petition is also disposed

of directing the District Inspector of Schools (SE) concerned

to pass a reasoned order after granting an opportunity of

hearing to the petitioner keeping in mind the principles

elaborate in the case of Animesh Choudhury vs. State

of West Bengal & Ors. (supra) within a period of eight

weeks from date. The reasoned order shall be

communicated to the petitioner within a week from the date

of passing of the same.

In light of the above conclusion and directions, the

writ petition along with connected application is disposed of.

All parties are to act on the website copy of this order.

(Shekhar B. Saraf, J.)