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2015 DIGILAW 551 (CAL)

Sukti Banerjee v. State of West Bengal

2015-07-06

SAMAPTI CHATTERJEE

body2015
JUDGMENT : Samapti Chatterjee, J. The petitioner has filed the present writ petition assailing the memo dated 22nd September, 2014 by the District Inspector of School(S.E.), Purulia canceling the petitioners prayer for higher scale of pay as the petitioner acquired Post Graduate Degree in M.A. in Geography which is the relevant subject and group of the petitioner. Since the petitioner came out as a successful candidate, therefore, the West Bengal Regional School Service Commission recommended the petitioners name as an Assistant Teacher in Rangadih Shri Bhajanashram High School, Balarampur, P.O. Rangadih, District : Purulia. The School Service Commission on 21st February, 2004 issued appointment letter in favour of the petitioner. Petitioner subsequently on 25th February, 2004 joined as an Assistant Teacher (Geography) to the said school. It is evident from the record that the petitioner obtained Post Graduate Certificate in M.A. (Geography) in the year 2003 prior to her joining to the said school as an Assistant Teacher in Geography. Since the petitioner was not granted the benefit of higher scale of pay by the District Inspector of School, therefore, the petitioner made representation to the school authority which was forwarded to the District Inspector of School for grant of higher scale of pay as the petitioner has been possessing M.A Degree before joining to the said school. Since the District Inspector of School did not pay any heed to the petitioners representation, therefore feeling aggrieved, the petitioner filed writ petition being No.19528(W) of 2014 for grant of higher scale of pay for possessing Post Graduate Degree. That writ petition was disposed of on July 11, 2014 by directing the District Inspector of School(S.E.), Purulia to consider the petitioners grievances after giving an opportunity of hearing and thereafter communicate the decision to the petitioner. Ultimately, the District Inspect of School(S.E.), Purulia by the impugned decision dated 22nd September, 2014 rejected the petitioners prayer on the ground which are quoted below :- "that in Normal Section (class V to X in H.S. School) of a High/Higher Secondary School, distribution of teaching posts for Hons./Master degree holder, particularly in Social Science Group, shall be limited to 50% of that group. 2. In the instant case, there exist 6(six) teachers in Social Science Group, as reflected in the staff-pattern of the school submitted by the School Authority. 2. In the instant case, there exist 6(six) teachers in Social Science Group, as reflected in the staff-pattern of the school submitted by the School Authority. Out of those existing teachers, 4(four) teachers are Hons./Master degree Holder including one teacher having qualification M.Com. B. Ed. As per West Bengal (Control of Expenditure) Act 2005 (Notification No. 2053-L, dated 19.08.2005) "Every teacher of a school shall, if appointed in the post of 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 qualification specified for such post." At this juncture, I am of the opinion that, since there is no such provision laid down in the existing Govt. Order, benefit of post graduate scale of pay cannot be allowed in favour of the petitioner." 3. Challenging the impugned order dated 22nd September, 2014, issued by the District Inspector of School (S.E.), Purulia, petitioner filed the present writ petition. Though by order dated 1st April, 2014 directing for filing affidavit passed by this Court but no affidavit has been filed by the respondent authorities till date. 4. Mr. Pal, learned Advocate appearing for the petitioner submits that the staff-pattern cannot be a bar to reject the petitioners prayer for grant of higher scale of pay though admittedly the petitioner is possessing M.A. in (Geography) which is the relevant subject and group. Mr. Pal also draws my attention to several decisions passed time to time by this Hon'ble Court for grant of higher qualification to the incumbent who has acquired Post Graduate Degree. 5. In support of his contention Mr. Pal relies on a Division Bench decision reported in 2015(1) CLJ(Cal) 24 (Smt. Nita Dey Chandra v. The State of West Bengal & Ors.) where the Hon'ble Division Bench held that Assistant Teacher even entered the service with necessary pass qualification but subsequently she enhanced her qualification and acquired Master Degree in MSC in Physics she was entitled to enjoy higher scale of pay. Mr. Pal also relies on Division Bench decision of our Court reported in 2014(2) CHN(Cal) 89 (Md. Mr. Pal also relies on Division Bench decision of our Court reported in 2014(2) CHN(Cal) 89 (Md. Basiruddin v. State of West Bengal) where Their Lordships held that benefit of higher scale of pay cannot be denied to teacher who has acquired Post Graduate Degree in the relevant subject and group. 6. Considering the submissions advanced by the learned Advocate appearing for the parties and after perusing the records and after going through the decision time to time passed by this Hon'ble Court, I am of the opinion that the impugned order dated 22nd September, 2014 passed by the District Inspector of School(S.E.), Purulia cannot be sustained in the eye of lay. Accordingly, the impugned order dated 22nd September, 2014 passed by the District Inspector of School(S.E.), Purulia is set aside and quashed. I direct the District Inspector of School(S.E.), Purulia to take steps to grant benefit of higher scale of pay to the petitioner from her date of joining as Assistant Teacher to the said Rangadih Shri Bhajanashram High School, Balarampur, P.O. Rangadih, District : Purulia that is to say from 25th February, 2004. Since a considerable period has already elapsed, therefore, the entire proceedings should be completed within eight weeks from the date of communication of this order. 7. The writ petition is allowed. 8. There will, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.