Research › Search › Judgment

Calcutta High Court · body

2015 DIGILAW 577 (CAL)

Selina Yeasmin v. State of West Bengal

2015-07-15

SAMAPTI CHATTERJEE

body2015
JUDGMENT : The petitioner has filed the present writ petition assailing the impugned order dated 29th March, 2014 issued by District Inspector of Schools (S.E.), Barrackpore, North 24-Parganas whereby the petitioner’s claim for grant of higher pay scale has been rejected by the concerned District Inspector of Schools (S.E.) on the following grounds : “Selina yeasmin (petitioner) was approved in the post of Assistant Teacher with initial qualification B.A. as Pass Degree Holder in Bengali under language group in Virati Vidyalaya For Girls’ (H.S.) with effect from 01.07.1999 in terms of the recommendation of the West Bengal Regional School Service Commission (Southern Region) vide Memo No. 1734 (Beng)/RSSC(SR)/290 dated 21.6.1999. The petitioner opted herself as a pass candidate. On the basis of the result of the Regional Level Selection Test she was empanelled in the panel of Bengali pass and she was recommended to Virati Vidyalay for Girls for appointment to the post of Assistant Teacher in Bengali as a Pass Degree Holder. Accordingly, the petitioner was appointed as Assistant Teacher in pass graduate teacher category with pass graduate scale of pay. Subsequently, the petitioner enhanced qualification by obtaining M.A. in Bengali in the year 2000. The prayer of the petitioner for granting post graduate scale of pay for acquiring M.A. in Bengali could not be considered since the petitioner was appointed and approved in the post of Assistant Teacher as Pass Degree Holder in Bengali in terms of the recommendation of the West Bengal School Service Commission (Southern Region).” 2. The petitioner was a graduate with Bengali and she was selected by the School service Commission, Southern Region on 21st June, 1999 for appointment as an Assistant Teacher of ‘Bengali’ of ‘Birati Vidyalaya for Girls (H.S.), District-North 24-Parganas. As per the recommendation of the School Service Commission, the petitioner joined on 1st July, 1999 to the said school and subsequently on 30th July, 1999 her appointment was approved by the concerned District Inspector of Schools (S.E.). prior to joining to the said school as an Assistant Teacher, the petitioner took admission in M.A. and after joining she completed M.A. in Bengali from Rabindra Bharati University. So she joined as a graduate teacher. The petitioner applied for grant of post graduate scale of pay to the Managing Committee of the said school. Thereafter, the Managing Committee by its resolution dated 25th September, 2004 held in favour of the petitioner. So she joined as a graduate teacher. The petitioner applied for grant of post graduate scale of pay to the Managing Committee of the said school. Thereafter, the Managing Committee by its resolution dated 25th September, 2004 held in favour of the petitioner. Immediately thereafter, the School Authority forwarded their decision to the concerned District Inspector of Schools (S.E.) for granting higher scale of pay in favour of the petitioner as the petitioner enhanced his qualification in M.A. in Bengali which is the relevant subject and group. But unfortunately since no decision was taken by the District Inspector of Schools (S.E.) for granting higher scale of pay in favour of the petitioner as he acquired M.A. in Bengali subject which is the relevant subject and group. Finding no other alternative, the petitioner filed a writ petition in this Hon’ble Court for ventilating his grievances. The said writ petition being W.P. No. 19757 (W) of 2004 was disposed of on 10th January, 2014 with the direction upon the authority specially upon the respondent no.3, District Inspector of Schools (S.E.), Barrackpore to consider the petitioner’s grievances within six weeks after giving an opportunity of hearing to the petitioner. Thereafter, the said District Inspector of Schools (S.E.), Murshidabad by its impugned order dated 29th March, 2014rejected the petitioner’s prayer on the aforesaid ground for enjoyment of higher scale of pay as he has enhanced his qualification that is to say M.A. in Bengali relevant subject and group. 3. Mr. Bari, learned advocate for the petitioner submits that those ground by which the petitioner’s claim for enjoyment of higher pay scale as she has acquired post graduate qualification in relevant subject that is to say M.A. in Bengali. Therefore, rejection of his prayer by the concerned District Inspector of Schools (S.E.) on the ground that she was recommended by School Service Commission as pass category holder. 4. Mr. Bari in support of his contention relied on a decision reported in 2015(1) CLJ (Cal) 24 [Smt. Nita Dey Chandra Vs. The State of West Bengal & Ors.] where the Hon’ble Division Bench held that though the petitioner was appointed with pass qualification but acquired higher qualification i.e. to say improve her qualification during her service in the relevant subject. Therefore, as per government order dated 13th July, 1999 he is very much entitled to enjoy the post graduate scale of pay. 5. Therefore, as per government order dated 13th July, 1999 he is very much entitled to enjoy the post graduate scale of pay. 5. Considering the submissions advanced by Mr. Bari, learned advocate for the petitioner and Ms. Bhattacharya, learned advocate appearing for the state and also perusing the records and the averments made in the writ petition and the decision Smt. Nita Dey Chandra (supra), I am of the view that impugned order dated 29th March, 2014 issued by the District Inspector of Schools (H.S.), Barackpore cannot be sustained. As it is held by the Hon’ble Division Bench in Smt. Nita Dey Chandra (supra) that ever the petitioner joined as a pass graduate candidate and subsequently, she enhanced her qualification then also she is entitled to enjoy post graduate scale of pay. The petitioner before me is in a better position than Smt. Nita Dey Chandra (supra) where the petitioner enhanced her qualification in the relevant subject that is to say M.A. in Bengali. It is evident from the record that before joining the petitioner took admission in M.A. under Rabindra Bharati University for the said subject. 6. That being the position, in my considered view, the impugned order dated 29th March, 2014 issued by District Inspector of Schools (S.E.), Barrackpore by rejecting the petitioner’s claim for higher scale of pay cannot be sustained in the eye of law. Accordingly, the impugned order dated 29th March, 2014 issued by the District Inspector of Schools (S.E.), Barackpore is set aside and quashed. I think no purpose would be served to send the matter back to the concerned District Inspector of Schools (S.E.) for fresh consideration as the petitioner’s case is covered by the Hon’ble Division Bench judgment as indicated above. Therefore, I direct the District Inspector of Schools (S.E.), Barackpore to take steps for disbursement of higher scale of pay in favour of the petitioner from the last date of M.A. Examination i.e. on 12th September, 2000 as she has acquired M.A. in Bengali which is the relevant subject and group. 7. Since considerable period of time has already elapsed, therefore, entire process should be completed within eight weeks from the date of communication of this order. 8. With this direction, this writ petition is allowed. 9. There will be no order as to costs. 7. Since considerable period of time has already elapsed, therefore, entire process should be completed within eight weeks from the date of communication of this order. 8. With this direction, this writ petition is allowed. 9. There will be no order as to costs. Urgent photostat certified copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.