Calcutta High Court (Appellete Side)
Sanchita Biswas vs The State Of West Bengal And Others on 8 October, 2013
Author: Sambuddha Chakrabarti
Bench: Sambuddha Chakrabarti
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE
Present:
The Hon'ble Justice Sambuddha Chakrabarti
W. P. No. 6934(W) of 2007
Sanchita Biswas
Vs.
The State of West Bengal and Others
For the petitioner : Mr. Sanat Chowdhury, Advocate
For the State-respondents : Mr. Ram Mohan Pal, Advocate
Heard on : 15.07.2013, 16.07.2013 and 18.07.2013
Judgement on : 08.10.2013
Sambuddha Chakrabarti, J.:
The moot question involved in the present writ petition is whether an Assistant Teacher of a school possessing post-graduate qualification in a relevant subject can be denied the post-graduate scale of pay merely because the School Service Commission had not mentioned the same at that time of initial recommendation.
The petitioner appeared at the School Service Commission Examination for the post of Assistant Teacher in Physical Education in the year 2002 and subsequently she was appointed as an Assistant Teacher in Garbeta Uma Devi Girls' High School in November, 2002. The further case of the petitioner is that at the time of filling up of the form of the School Service Commission she had disclosed her full educational particulars, i.e., B.A., B.P.Ed and M.P.Ed. But she came to know at the time of appointment only the B.A., B.P.Ed degrees have been recommended by the School Service Commission. Consequently the petitioner who is otherwise entitled to the post graduate scale of pay of Rs. 6,000-11,800/- was placed in the pay scale of Rs. 4,650-10,175/- per month which is a graduate scale of pay.
The petitioner made a representation to the school authorities and the Managing Committee in turn had sent the resolution for sanctioning post-graduate scale of pay to the office of the District Inspector of Schools on March 23, 2007 but the petitioner has not learnt anything from the appropriate authority.
The petitioner has referred to a memorandum dated July 13, 1996 amending the earlier office order dated February 12, 1999 regarding the revision of pay and allowances of teaching and non- teaching employees of the recognized non-government educational institutions. She says that in terms of the said amendment she is entitled to the post-graduate scale of pay and by this writ petition she has prayed for a writ in the nature of Mandamus directing the respondents to give her the post-graduate scale of pay which she is entitled to from the date of the appointment.
It may be mentioned that in spite of being given an opportunity to file an affidavit-in-opposition as early as on April 11, 2007 the respondents have not filed any affidavit-in-opposition. They, however, appeared at the hearing of the application.
The petitioner has relied upon the case of Partha Chatterjee - Vs.- State of West Bengal and Others, reported in (2004) 2 Cal L.T. 610 (HC) where also the issue involved was the same as that in the present case. In that case also the petitioner was selected for the said post in the same subject as that of the petitioner and his post- graduate degree in physical education also was totally disregarded.
The learned single judge in the case of Partha Chatterjee (Supra) had held that the petitioner who possessed the post- graduate degree in physical education which is the relevant teaching subject at the time of appointment would be entitled to the scale pertaining the post-graduate qualification irrespective of the qualification mentioned by the School Service Commission and irrespective of the minimum requisite qualification for the post.
The learned single judge further held that from the Government Orders pertaining to fixation of pay scale of teachers it is apparent that fixation is done on the basis of qualifications irrespective of the classes taught.
When the prescribed minimum qualification for the post of an Assistant Teacher of Physical Education is a degree of bachelor of Physical Education the question is whether a candidate possessing higher qualification is entitled to the higher scale of pay. It may be mentioned that by Government Order dated November 22, 1993 the benefit of higher scale of pay to the Physical Education teachers of the secondary schools having masters degree in the said subject from a recognized university was allowed. This is an order confirming the benefit of higher scale of pay to the holders of post-graduate degrees specifically.
It may be mentioned that subsequently by a Government Order dated March 9, 2000 the earlier Government Order dated November 22, 1993 was clarified that the benefit of the higher scale of pay was admissible to those Physical Education teachers only who had obtained such degree on completion of two years' regular course from a recognized university.
In the present case the petitioner after completing her B.P.Ed course in the year 2000 had prosecuted her M.P.Ed. course from the Kalyani University where from she passed in September, 2002. Thus the petitioner in terms of the specific Government Circulars as also the decision already taken by this court is entitled to the scale of pay relating to her post-graduate qualification, notwithstanding the qualification mentioned by the School Service Commission.
The writ petition is thus allowed.
The petitioner will be entitled to the re-fixation of the salary in the post-graduate scale of pay from the date of her appointment and also to other consequential reliefs including arrear of pay.
The respondents are directed to calculate the arrears and all other benefits of the petitioner on account of her entitlement to higher scale of pay and to disburse and release the same within eight weeks from the date of the communication of this order.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on priority basis upon compliance of all requisite formalities.
(Sambuddha Chakrabarti, J.) S. Banerjee