Calcutta High Court (Appellete Side)
Sujata Ganguly vs State Of West Bengal & Ors on 19 September, 2011
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
1
19.09.2011. W. P. No. 2923 (W) of 2011
Sujata Ganguly
versus
State of West Bengal & Ors.
Mr. Ekramul Bari,
Mr. S. M. Ali ... For the Petitioner.
Mr. Mintu Goswami ... For the State.
The petitioner was appointed as an Assistant Teacher in
Science Group in Bardhaman Banipith Girls' High School,
Burdwan. The appointment of the petitioner was approved by
the concerned District Inspector of Schools (S.E.), Burdwan
with effect from 22nd March, 1999. At the time of her
appointment, the educational qualification of the petitioner
was B.Sc. (Hons.) in Mathematics. Subsequently, she
enhanced her educational qualification by acquiring Master
Degree in Mathematics in 2002. She appeared in the M. Sc.
Examination after taking study leave from the West Bengal
Board of Secondary Education.
Since the petitioner has enhanced her educational
qualification in the relevant subject, the school authority
adopted a resolution recommending grant of higher scale of
pay for her enhanced qualification.
The concerned District Inspector of Schools (S.E.),
Burdwan rejected the petitioner's prayer for grant of higher
scale of pay for her enhanced educational qualification by
referring to G.O. No.735-SE (S) dated 3rd June, 2002.
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The legality and/or propriety of the said order is under
challenge in this writ petition at the instance of the said
Assistant Teacher.
Mr. Bari, learned advocate, appearing for the petitioner
submits that even assuming that the petitioner is not entitled
to get the benefit of higher scale of pay for her enhanced
qualification in terms of the said Government Order dated 3rd
June, 2002, but her entitlement to get higher scale of pay for
her enhanced qualification as per Ropa 1998 cannot be
denied. Clause 12(3) of Ropa 1998 provides that all teachers,
including Physical Education teaches and Librarian of
Secondary Schools who have improved/will improve their
qualifications or who were appointed with higher qualification
in the subject or group relevant to their teaching/appointment
shall get higher scale of pay appropriate to their qualification
with effect from 1st January, 1996 or the date of improving the
qualification whichever is later.
No doubt, the said provision of Ropa 1998 supports the
claim of the petitioner.
Mr. Goswami, learned advocate, appearing for the State-
respondents submits that the petitioner cannot claim the
benefit of Ropa 1998 in view of the Government Order dated 3rd June, 2002.
Be that as it may, this Court finds that the concerned District Inspector of Schools while passing the impugned order did not take into consideration as to whether the petitioner's 3 claim for higher scale of pay for her enhanced qualification under Ropa 1998 can be granted or not ?
Under such circumstances, the impugned order stands set aside. The matter is remanded back to the concerned District Inspector of Schools who is directed to consider the petitioner's claim in the light of the observation made hereinabove and take the ultimate decision by passing a reasoned order after giving a reasonable opportunity of hearing to the petitioner within eight weeks from the date of communication of this order.
The concerned authority is also directed to intimate its decision to the petitioner immediately thereafter.
The writ petition is, thus, disposed of.
Urgent photostat certified copy of this order, if applied for, be furnished to the applicant as early as possible.
(JYOTIRMAY BHATTACHARYA, J.) dc.