Calcutta High Court (Appellete Side)
Bisweswar Bera vs State Of West Bengal & Ors on 5 September, 2024
Author: Saugata Bhattacharyya
Bench: Saugata Bhattacharyya
05.09.2024.
PB
Sl. No.4.
Ct. No.18
In The High Court At Calcutta
Constitution Writ Jurisdiction
Appellate Side
WPA 16494 of 2024
Bisweswar Bera
Vs
State of West Bengal & Ors.
Mr. Kamalesh Bhattacharya,
Mr. Biswarup Biswas,
Mr. Aninda Bhattacharya.
.....for the petitioner.
Mr. Arindam Chattopadhyay,
Ms. Lipika Chatterjee.
......for the State.
Matter relates to release of arrear dues for
sanctioning postgraduate scale of pay in favour of the
petitioner by the District Inspector of Schools (SE),
Paschim Medinipur, vide memo dated 16 th March,
2023 sanctioning postgraduate scale of pay w.e.f. 30 th
November, 1999.
Learned advocate representing the petitioner
submits that in terms of the sanction accorded by the
concerned District Inspector of Schools (SE), Paschim
Medinipur being respondent no.3, petitioner though is
receiving salary on fixing his basic pay in
postgraduate scale of pay w.e.f. April, 2023, but the
arrear accrued due to sanction of postgraduate pay
scale w.e.f. 30th November, 1999 till date has not been
released in favour of the petitioner.
In course of submission, notice of the Court has
been drawn to the order passed by the co-ordinate
bench on WPA 8411 of 2009 which was filed seeking
postgraduate scale of pay assailing the order dated
13th February, 2009 passed by the State respondent.
According to the petitioner, the order passed by
the co-ordinate Bench on 29th August, 2018 was
carried in appeal preferred by the State respondent
being FMA 387 of 2020 wherein the Hon'ble Division
Bench on 9th December, 2021 observed that the issue
needs to be kept pending till the Hon'ble Special
Bench answer the reference relating to sanction of
higher scale of pay in terms of the order of the Hon'ble
Supreme Court.
It is submitted that pursuant to the order dated
9th Decebmer, 2021 passed by the Hon'ble Division
Bench, matter was placed before the Hon'ble Special
Bench and the appeal was disposed of along with
other matters vide judgment dated 7th February, 2024.
The order passed by the Hon'ble Supreme Court
on 8th May, 2024 in Civil Appeals No.3040-3041 of
2017 is also relied upon in order to contend that
taking note of the judgment of the Hon'ble Special
Bench dated 7th February, 2024, the Hon'ble Supreme
Court disposed of those appeals.
The sum and substance of the submissions
made on behalf of the petitioner is in view of the
reference answered by the Hon'ble Special Bench vide
judgment dated 7th February, 2024 and which was not
interdicted by the Hon'ble Supreme Court while
disposing of the appeals by order dated 8 th May, 2024
at present there is no impediment in releasing arrear
dues in favour of the petitioner.
State respondents are represented by Mr.
Chattopadhyay who submits that in view of the issue
being set at rest relating to release of arrear dues by
virtue of the judgment dated 7th February, 2024
delivered by the Hon'ble Special Bench, the State
authority shall take steps for releasing the arrear dues
provided bill is sent by the school authority where
petitioner is presently working.
Having considred the respective submissions
made on behalf of the parties, it appears that the
order of the co-ordinate bench dated 29 th August,
2018 passed on the writ petition being WPA 8411 of
2009 was assailed by preferring an appeal by the
State respondent being FMA 387 of 2020 and the
same was kept pending till the reference is answered
by the Hon'ble Special Bench in terms of the order of
the Hon'ble Supreme Court touching upon the issue
relating to sanction of higher scale of pay. The Hon'ble
Division Bench found it fit that the appeal preferred
by the State respondents should be considered by the
Hon'ble Special Bench on being assigned by the
Hon'ble Chief Justice.
On perusal of the judgment dated 7th February,
2024 passed by the Hon'ble Special Bench, it appears
that the appeal being FMA 387 of 2020 was one of the
matters which was under consideration by the Hon'ble
Special Bench and the same was disposed of along
with other matters by a common judgment. The
judgment dated 7th February, 2024 of the Hon'ble
Special Bench was considerd by the Hon'ble Supreme
Court and by passing an order dated 8 th May, 2024,
the pending appeals being Civil Appeals No.3040-3041
of 2017 were disposed of.
On conjoint reading of the order of the Hon'ble
Supreme Court dated 8th May, 2024, judgment of the
Hon'ble Special Bench on 7th February, 2024 and the
order passed by the Co-ordinate Bench on 29 th
August, 2018, this Court finds that the issue is no
more res integra in view of the reference being
answered by the Hon'ble Special Bench wherein the
ratio of Adul Uz Zaman Vs. State of West Bengal &
Ors. in MAT 825 of 2020 was affirmed by the Hon'ble
Special Bench. Only clarification which needs to be
made that on sanction of postgraduate scale of pay by
the concerned District Inspector of Schools (SE),
Paschim Medinipur, the petitioner is entitled to receive
up-graded pay from the date of publication of result of
M.A. final examination.
In view of the aforesaid discussions, the
respondent no.3 is directed to modify the memo dated
16th March, 2023 only to the extent of sanctioning
postgraduate scale of pay to the petitioner from the
date of publication of result of Part-II M.A.
Examination, not from the date following the last date
of M.A. Part-II Examination. Such modification shall
be made by issuing appropriate order by the
respondent no.3 by four weeks from the date of
communication of this order and subsequent thereto,
steps shall be taken by the State respondents to
release arrear dues in favour of the petitioner within a
period of six weeks thereafter.
The school authority of Chandra High School
being respondent no.4 is directed to send the arrear
bills to the respondent no.3 by seven days after the
order to be passed by the respondent no.3 modifying
his previous order dated 16 th March, 2023 for
releasing arrear dues from the date of publication of
final result of M.A. Examination.
With the aforesaid observation, the writ petition
stands disposed of.
There shall, however, be no order as to costs.
Urgent certified photocopy of this order, if
applied for, be supplied to the parties on compliance
of usual legal formalities.
(Saugata Bhattacharyya, J.)
