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2013 DIGILAW 967 (CAL)

Basiruddin v. State of West Bengal

2013-12-25

PRANAB KUMAR CHATTOPADHYAY, TARUN KUMAR DAS

body2013
JUDGMENT : Re: A.S.T.A. 187 of 2012: 1. This application has been filed in connection with the appeal preferred from the judgment and order dated 26th September, 2012 passed 'by a learned Judge of this Court whereby and whereunder the said learned Judge even after allowing the writ petition on merits, directed the Director of School Education, Government of West Bengal to consider the matter relating to the claim of the petitioner for higher scale of pay on improving the qualification and pass a reasoned order within a specified time. The claim of the petitioner for granting higher scale of pay upon improving the educational qualification was rejected by the Director of School Education, Government of West Bengal on the ground that prior-permission was taken from the District Inspector of Schools (SE) concerned in terms of the provisions of West Bengal School (Control and Expenditure) Act, 2005. 2. The appellant herein has improved his academic qualification in the year 1931. Therefore, the provisions of the West Bengal School (Control and Expenditure) Act, 2005 have no manner of application in the facts of the present case. 3. The learned Single Judge has rightly held that the claim of the writ petitioner relates to the period when the aforesaid Act of 2005 was not enacted. The learned Single Judge allowed the writ petition on proper and valid grounds but erroneously, even after allowing the writ petition on merits directed the Director of School Education, West Bengal to consider the matter and pass a reasoned order within a specified time which we disallow. 4. We, therefore, modify the impugned order under appeal passed by the learned Single Judge by directing the District Inspector of Schools (SE) Uttar Dinajpur, to take immediate appropriate steps for granting the benefit of higher scale of pay to the appellant-petitioner for acquiring the Post Graduate Degree in "Physics" and disburse necessary amount to the said appellant without any further delay but positively within a period of six weeks from the date of communication of this order. 5. 5. Needless to mention that the appellant petitioner will be entitled to receive the aforesaid benefit of higher scale of pay from the day following the date on which the last Post Graduate Examination was completed which is deemed to be the date on which the appellant-petitioner acquired the Post Graduate Degree in "Physics" in view of the Government Order being No. 253-Edn. dated 17th September, 1984. 6. With the aforesaid modification, we affirm the rest of the judgment and order under appeal passed by the learned Single Judge and dispose of this application as well as the appeal 'upon treating the said appeal as on day's list. 7. In the facts of the present case, there will be, however, no order as to costs. Let xerox plain copy of this order duly-countersigned by Assistant Registrar (Court) be give in to the learned Advocate of the respective parties on the usual undertakings.