Research › Search › Judgment

Calcutta High Court · body

2012 DIGILAW 429 (CAL)

Purovi Dutta v. The State Of West Bengal

2012-05-10

JYOTIRMAY BHATTACHARYA

body2012
Judgment : The petitioner appeared in 6th Regional Level Selection Test (AT) 2005 for the post of Assistant Teacher in Hindi (Pass category). After being selected in the said Regional Level Selection Test, she was recommended by the School Service Commission for her appointment as an Assistant Teacher in Kanchpara Janata High School, District North 24 Parganas. She accepted the offer of appointment given to her by the school authority and joined her service in the said school as an Assistant Teacher in language Group. Her appointment was approved with effect from 12th May, 2006 in Pass category post in normal section of the said school. She was given scale of pay as per G.A. Rules. Admittedly, the petitioner had Honours degree in Hindi at the time of her appointment. It is also an admitted fact that the petitioner got herself admitted in M.A. Part-I regular course in Hindi in 2005-2006 Session. She appeared in M.A. Part-I Examination after taking permission from the school authority. She also appeared in M.A. Part-II Examination and ultimately acquired Master Degree in relevant subject in 2007.After enhancing the educational qualification in the relevant subject, she submitted a representation to the District Inspector of School, Secondary Education, Barrackpore, inter alia praying for higher scale of pay for enhanced qualification. Since the petitioner’s said representation remains unattained from the end of the concerned District Inspector of Schools since August, 2007, the petitioner has filed the instant writ petition seeking issuance of direction upon the concerned District Inspector of Schools for early consideration of the petitioner’s said representation. The petitioner has also prayed for grant of higher scale of pay for his enhanced qualification with effect from 16th August, 2007 i.e. the date of publication of her M.A. Part-II Examination result. By relying upon a Division Bench decision of this Hon’ble Court in the Case of The State of West Bengal vs. Sauvik Ghosh reported in 2009 Vol 1 CLJ (Cal) 173, Mr. Dutta, learned Advocate, appearing for the petitioner submits that his client is entitled to get higher scale of pay for her enhanced educational qualification. Let me now consider as to how far the petitioner’s claim for higher scale of pay for her enhanced qualification, can be allowed in the fact of the instant case. Dutta, learned Advocate, appearing for the petitioner submits that his client is entitled to get higher scale of pay for her enhanced educational qualification. Let me now consider as to how far the petitioner’s claim for higher scale of pay for her enhanced qualification, can be allowed in the fact of the instant case. At the very outset this Court wants to mention that the principle which was laid down by the Hon’ble Division Bench in the case of the State of West Bengal vs. Sauvik Ghosh (Supra) has no application in the fact of the instant case as the facts involved in the case before the said Division Bench do not match with the facts of the present case. In the case of Sauvik Ghosh, this Court finds that Sri Ghosh was appointed on 16th March, 2001.````````````````````He enhanced his qualification immediately after his appointment. The result of her Master of Physical Education Part-II Examination was published on 21st September, 2001. Since Mr. Ghosh enhanced his qualification by acquiring Master Degree in the relevant subject prior to West Bengal Schools (control of Expenditure) Act 2005 came into effect, it was held by the Division Bench that the provision contained in the said Act having prospective in its operation, cannot stand as a bar in granting the Post Graduate scale of pay for his enhanced qualification. Here is the case where I have indicated above that the petitioner was appointed as an Assistant Teacher in Language Group in 2006. She enhanced her educational qualification by acquiring Master Degree in relevant subject in 2007. Thus, admittedly the petitioner enhanced her qualification after the West Bengal Schools (Control of Expenditure) Act came into operation. The said Act came into force on 27th December, 2005. Thus, Section 14 of the said Act which came into operation with effect from 27th December, 2005 is relevant for the present purpose. This distinguishing fact cannot be lost sight of, while considering the applicability of the said Division Bench decision in the present case. Let me now consider as to whether the petitioner’s claim for higher scale of pay can be granted under Section 14 of the said Act. For proper appreciation, the provision contained in Section 14 of the said Act is set out hereunder:- “14. Scale of pay etc. Let me now consider as to whether the petitioner’s claim for higher scale of pay can be granted under Section 14 of the said Act. For proper appreciation, the provision contained in Section 14 of the said Act is set out hereunder:- “14. Scale of pay etc. of teacher.- (1) Every teacher of a school shall, if appointed in the post of Undergraduate teacher category, be entitled to draw pay in the scale of pay in which he is appointed and shall not be entitled to claim any additional increment or higher scale of pay for acquiring any qualification other than the qualifications specified for such post. (2) Every teacher of a school shall, if appointed in the post Graduate teacher category, be entitled to draw pay in the scale of pay in which he is appointed and shall not be entitled to claim any additional increment or higher scale of pay for acquiring any qualification other than the qualifications specified for such post. (3) Every teacher of a school shall, if appointed in the Honours Graduate or Postgraduate teacher category, be entitled to draw pay of Post-graduate teacher category, upon acquiring Post-graduate degree, in the manner as may be specified by order.” On plain reading of the said provision, this Court is of the view that provision contained in Section 14(2) of the said Act squarely applies in the present case and as such the claim of the petitioner cannot be allowed, as grant of such relief is not permissible under the provision of Section 14(2) of the said Act in view of the fact that she admittedly was appointed in the category of pass-graduate teacher. The said provision makes it clear that if a teacher is appointed in the post of pass-graduate teacher, he/she will not be entitled to claim any additional increment or higher scale of pay for acquiring any qualification other than the qualification specified for such post. The petitioner, however, claims that though she was appointed in a pass category post but in fact she had Honours qualification at the time of her appointment. As such, the provision contained in Section 14(2) of the said Act cannot stand as a bar in granting higher scale of pay to the petitioner for her enhanced qualification. The petitioner, however, claims that though she was appointed in a pass category post but in fact she had Honours qualification at the time of her appointment. As such, the provision contained in Section 14(2) of the said Act cannot stand as a bar in granting higher scale of pay to the petitioner for her enhanced qualification. This Court does not find any substance in such contention of the petitioner as the petitioner, in spite of having Honours degree, did not have the carriage to compete with the candidates having Honours degree for a post earmarked for the Honours and/or Post Graduate candidates which was befitting to her qualification. She thought herself fit to compete with the lesser qualified candidates for a post earmarked for the pass candidate only and ultimately she was selected through an unequal competition with the candidates having pass degree only. Such a candidate, in my view, cannot claim higher scale of pay even for his/her Honours degree which she had even at the time of her appointment in view of the Division Bench decision of this Hon’ble Court in the case of State of West Bengal vs. Sauvik Ghosh (supra), wherein it was held as follows:- “Para 30: The School Service Commission, being a statutory authority constituted under the West Bengal School Service Commission Act, 1997, is bound to act fairly, reasonably and in accordance with law. The School Service Commission is obliged to record correctly the educational qualifications of the candidates as disclosed, subject however, to verification. When candidates with higher qualifications apply for teaching post, for which the minimum requisite qualification is lower, the School Service Commission concerned might, in its discretion, choose not to give any credit for educational qualification other than the requisite educational qualification for the teaching post, for the purpose of selection.” Thus, since the petitioner, despite she had Honours degree, participated in the selection process for a post earmarked for pass candidate, she cannot claim higher scale of pay by disregarding the condition of approval of her service wherein it was specifically mentioned that she will be granted scale of pay as per Government Aid Rules which provide for grant of graduate scale to such teachers. Under such circumstances, this Court holds that the petitioner’s prayer for grant of higher scale of pay for her enhanced qualification cannot be allowed in the facts of the instant case. Under such circumstances, this Court holds that the petitioner’s prayer for grant of higher scale of pay for her enhanced qualification cannot be allowed in the facts of the instant case. The writ petition is, thus, rejected. Urgent xerox certified copy of this order, if applied for, be given to the parties as expeditiously as possible.