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2009 DIGILAW 342 (CAL)

Maleka Khatun v. State of West Bengal

2009-04-29

S.P.TALUKDAR

body2009
JUDGMENT 1. The grievance of the writ petitioner relates to alleged indifference to inaction on the part of the respondent-authority in granting higher pay scale for her acquiring higher qualification. This matter was taken up on 7th April, 2009. In response to submission made on behalf of the State-respondents, Mr. Bhattacharya, was requested to take further instruction. Mr. Bhattacharya submits that so far his instruction goes, the fate of the decision of this Court in connection with various cases would largely depend upon the disposal of the pending applications before the Apex Court. According to Mr. Bhattacharya, the same relates to the recent amendment of the relevant Act and enactment of West Bengal School Service Commission (Amendment) Act, 2009 and West Bengal Schools (Control of Expenditure Act of 2005. The learned Counsel for the petitioner being emboldened with another Single Bench of this decision in the case of Santanu Saha vs. State or West Bengal, reported in 2009 (1) CLJ Calcutta 639, submits that the authorities cannot deny the higher pay scale only on the ground that no prior permission was obtained for acquiring the same. In the earlier order dated 7th April, 2009, this Court refers to another decision of this Court in the case of Trilochan Jana vs. State of West Bengal & Ors., reported in 2008(2) WBLR (Cal) 913. It thus, appears that it is the consistent view of this Court that irrespective of prior permission, the petitioner who obtains or acquires higher qualification, cannot be denied the benefit of higher pay scale. 2. Considering all such facts and circumstances, the present writ application being W.P. 27493 (W) of 2008 is disposed of with the direction upon the concerned respondent-authority being the respondent No.3, herein to consider the claim of the writ petitioner as ventilated in the present application in its proper perspective and take appropriate steps and pass necessary orders by way of granting of higher pay-scale. This must be done within a period of three months from the date of communication of this order. 3. There will be no order as to costs. 4. Urgent xerox certified copy of this order, if applied for, be made available to the learned Advocates appearing for the parties. S. P. Talukdar, J.: Appeal disposed of