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2013 DIGILAW 47 (CAL)

Ashim Kumar Adgiri v. STATE OF WEST BENGAL

2013-01-30

DIPAK SAHA RAY, PRANAB KUMAR CHATTOPADHYAY

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JUDGMENT 1. This appeal has been preferred assailing the judgment and order dated 6th February, 1998 whereby and whereunder a learned Judge of this court rejected the claim of the appellant herein for grant of higher scale of pay for obtaining higher qualification. The learned Judge dismissed the writ petition on merits. Learned advocate representing the appellant submits that the District Inspector of Schools (SE), Burdwan has already granted the benefit of higher scale of pay to the appellant in terms of memo dated 27th January, 1995 issued by the School Education Department, Government of West Bengal. Submission has been made that in view of the memorandum dated 10th September, 1991 the said appellant is entitled to enjoy the benefit of higher scale of pay with effect from the date of improving the qualification. 2. Mr. Bhattacharya, learned Additional Government Pleader appearing on behalf of the State respondents submits that the appellant herein cannot claim any benefit in terms of the memorandum dated 10th September, 1991 since the benefit of higher scale of pay for improving the qualification in different group/subject has been granted by memo dated 27th January, 1995. 3. In reply, learned advocate for the appellant submits that the appellant herein has improved his qualification in the subject relevant to the post teaching and, therefore, the benefit for higher qualification should be granted in terms of the Circular dated 10th September, 1991. 4. In the present case, the appellant herein was admittedly appointed for teaching the subject under Science group and was approved as Assistant Teacher for teaching the said Science group. 5. Mr. Bhattacharya, learned Additional Government Pleader submits that the appellant herein cannot claim the benefit of higher scale of pay in terms of the Circular dated 10th September, 1991 since the said appellant has improved his qualification in the subject other than the subject for which the said appellant was appointed and approved. The said appellant has improved his qualification in History for which he was not appointed and approved. The teacher who was allowed to take classes in subjects relevant to the respective higher qualification, though appointed and approved in different group would be entitled to enjoy the benefit of higher scale of pay according to the higher qualification in terms of the memorandum dated 27th January, 1995. 6. Mr. The teacher who was allowed to take classes in subjects relevant to the respective higher qualification, though appointed and approved in different group would be entitled to enjoy the benefit of higher scale of pay according to the higher qualification in terms of the memorandum dated 27th January, 1995. 6. Mr. Bhattacharya further submits that the appellant herein has already been granted the benefit of higher scale pay for improving the qualification in terms of the memorandum dated 27th January, 1995 and necessary payment has also been released in this regard. 7. We do not agree that the Circular dated 10th September, 1991 is not at all applicable in respect of the appellant herein. Scrutinising the aforesaid Circular we find that the appellant is entitled to enjoy the benefit of higher scale of pay even for improving the qualification not relevant to the teaching subject after five years' teaching counting from the date on which higher qualification was obtained. The memorandum dated 10th September, 1991 is set out hereunder: GOVERNMENT OF WEST BENGAL Education Department Writers' Buildings, Calcutta-1, No. 400-Edn.(B)/IM-45/91 Dated Calcutta, the 10th September, 1991 MEMORANDUM The Governor is pleased to make, with effect from the 1st day of April, 1981, the following Amendment in the Annexure I (hereinafter referred to as the said Annexure to this Department Memo No. 372-Edn.(B) dated the 31st July, 1981 (hereinafter referred to as the said Memorandum):-- In the said Annexure to the said Memorandum for sub-paragraph (b) of paragraph (2) under "N.B." viz "(b) All existing Secondary Schools teachers who have improved their qualifications not relevant to their teaching subjects will be allowed the higher scale on qualification basis after five years' teaching counting from the date on which higher qualification was obtained", the following shall be substituted: (b) All existing Secondary Schools teachers who were appointed with higher qualifications in subjects not relevant to their teaching or who improved their qualifications subsequent to their appointment in subjects not relevant to their teaching will be allowed the higher scale on qualification basis with effect from the 1st April, 1981 or after five years' teaching counting from the date on which higher qualification was obtained whichever is later. 8. 8. The appellant herein was appointed as secondary school teacher in the year 1984 and, therefore, the said appellant can be treated as existing school teacher who improved the qualification subsequent to his appointment in the subject not relevant to the teaching and therefore the said appellant will be entitled to enjoy the benefit of higher scale of pay on qualification basis after five years teaching counting from the date on which higher qualification was obtained. 9. In the present case, the higher qualification was obtained on 3rd January, 1987 which was the date following the last date of M. A. examination in terms of the memorandum dated 17th September, 1984, the date of obtaining higher qualification should be counted from the date following the last date of examination. Therefore, the respondent authorities should allow the benefit of higher scale of pay on qualification basis to the appellant after five years from 3rd January, 1987. 10. In the aforesaid circumstances, the appellant will be entitled to claim the benefit of higher scale of pay after five years teaching counting from the date on which higher qualification was obtained i.e., with effect from 3rd January, 1992. Undisputedly, the benefit of higher scale of pay was granted to the appellant with effect from 27th January, 1995. 11. Therefore, the benefit of higher scale of pay with effect from 3rd January, 1992 to 26th January, 1995 should be released in favour of the appellant without any further delay. 12. The District Inspector of Schools (SE), Burdwan is, therefore, directed to calculate the admissible amount payable to the appellant for the period of 3rd January, 1992 to 26th January 1995 and disburse the same upon re-fixing the scale of pay of the said appellant without any further delay but positively within a period of six weeks from the date of communication of this order. In the event the appellant is entitled to draw any incremental benefit then the District Inspector of Schools concerned will allow the said benefit to the appellant herein. 13. With the aforesaid directions, we set aside the impugned judgment and order passed by the learned Single Judge and dispose of both the application as well as the appeal upon treating the said appeal as on day's list. There will be no order as to costs. Disposed off