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2016 DIGILAW 873 (CAL)

Ashraf Ali Shaikh v. State of West Bengal

2016-11-15

SAHIDULLAH MUNSHI

body2016
JUDGMENT : 1. This writ petition has been filed complaining that although the petitioner improved his post graduate qualification on 29th September, 2013 he is not granted post graduate scale of pay in terms of Circular dated 27th November, 2007. It is the case of the petitioner that he was appointed in the honours category as per recommendation of the West Bengal Madrasah Service Commission. In support of such claim the petitioner has annexed a copy of the said recommendation issued by the West Bengal Madrasah Service Commission dated 1st October, 2009 addressed to the Secretary/Administrator, Gurudaspur S.N.H. High Madrasah, P.O. Beunchitala, District Murshidabad. After the petitioner was appointed, his appointment was approved by the District Inspector of Schools (S.E.), Murshidabad by his Memo. dated 7th December, 2009 wherein the nature of vacancy was shown to be permanent with B.Sc. (Hons.). Subsequent to such approval the petitioner approached the Managing Committee of the Madrasah to grant permission for pursuing higher study to obtain post graduate degree in mathematics. The Managing Committee took a resolution and the same was forwarded to the District Inspector of Schools (S.E.), Murshidabad by its letter dated 29th March, 2012 which has been annexed to this writ petition as Annexure P-4. In response to such letter of the Managing Committee the District Inspector of Schools (S.E.), Murshidabad by his Memo. dated 16th April, 2012 (Annexure P-5) addressed to the Secretary, Gurudaspur S. N. Hasan High Madrasah and informed that as per D.S.E.W.B’s Memo. No. 593-SE(B) dated 27th November, 2007 the Managing Committee of the Madrasah is the competent authority regarding prior permission of any teacher for appearing any examination for improvement of educational qualification. After such communication was received by the Managing Committee of the Madrasah, a further resolution was adopted by the Managing Committee and permitted the petitioner to pursue higher study. The petitioner pursued his higher study and 29th September, 2012 was the last date of examination for M.Sc. (Mathematics). After having improved his qualification in mathematics the petitioner made an application for the District Inspector of Schools (S.E.), Murshidabad on 12th March, 2015 to grant him higher scale of pay as per his improved qualification. Such prayer has been rejected by the Director of Madrasah Education by his Memo. dated 7th July, 2015 and the same was communicated to the District Inspector of Schools (S.E.), Murshidabad. Such prayer has been rejected by the Director of Madrasah Education by his Memo. dated 7th July, 2015 and the same was communicated to the District Inspector of Schools (S.E.), Murshidabad. The petitioner is aggrieved by the said communication made by the Director of Madrasah Education and has filed this writ petition stating, inter alia, that as per the Circular dated 27th November, 2007 he is entitled to higher scale of pay. 2. Mr. Milan Kumar Maity, learned Advocate appearing for the State submits that the petitioner has failed to take any permission from the District Inspector of Schools (S.E.), Murshidabad for pursuing his higher study which is mandatory in the aforesaid Circular and in absence of such permission the petitioner is not entitled to claim any higher scale of pay. 3. Mr. Manuwar Ali in support of his claim has placed reliance on a Division Bench judgment of this Court passed on 16th October, 2012 in M.A.T. 1459 of 2012. In the said judgment it has been categorically pointed out that even in absence of permission from the District Inspector of Schools (S.E.), Murshidabad the petitioner has the authority to improve his qualification. After seeking permission from the District Inspector of Schools (S.E.), Murshidabad through the Managing Committee of the Madrasah the petitioner is entitled to the benefit of the Circular for grant of higher scale of pay particularly when the District Inspector of Schools (S.E.), Murshidabad did not refuse to grant prior permission to the teacher concerned. 4. In the present case, the petitioner appears to have been appointed as honours graduate in mathematics and his appointment was approved. He prayed before the Managing Committee for prior permission and in turn the Managing Committee sought permission from the District Inspector of Schools (S.E.), Murshidabad but the said District Inspector of Schools kept the matter pending without passing any order and in the meantime the petitioner has improved his qualification and obtained the post graduate degree in mathematics. Therefore, considering the ratio of the above Division Bench judgment it cannot be said that the authority has rightly passed the impugned order rejecting the petitioner’s prayer for grant of higher scale of pay. 5. Accordingly, the Memo. Therefore, considering the ratio of the above Division Bench judgment it cannot be said that the authority has rightly passed the impugned order rejecting the petitioner’s prayer for grant of higher scale of pay. 5. Accordingly, the Memo. dated 7th July, 2015 is set aside and the District Inspector of Schools (S.E.), Murshidabad is directed to grant higher scale of pay to the petitioner taking into consideration of his improved qualification, if such qualification of M.Sc. in mathematics obtained from Netaji Subhas Open University. The authority is directed to communicate his order to the petitioner is acceptable by the State of West Bengal within a period of six weeks from the date of communication of this order. 6. With the above direction, the writ petition is disposed of.