Calcutta High Court (Appellete Side)
Shampa Das vs The State Of West Bengal & Ors on 15 January, 2014
Author: Debasish Kargupta
Bench: Debasish Kargupta
1
15.01.2014.
Sl No.1155.
S.D.
W.P. No. 25148 (W) of 2012
Shampa Das
Versus
The State of West Bengal & Ors.
Mr. Ekramul Bari
Mr. Aninda Bhattacharya
....For the Petitioners.
None appears on behalf of the respondents when the matter
is called on. No affidavit‐in‐opposition is filed in the matter. No accommodation is prayed for.
This writ application is filed by the petitioner for extending the benefit of Post Graduate scale of pay in her favour in connection with her service as an Assistant Teacher of Khardah Priya Nath Balika Vidyalaya, District‐North 24‐Parganas. The petitioner participated in the selection process initiated by the West Bengal Regional School Service Commission, South Region for the 10th Regional Level Selection disclosing her qualification of Master degree in Nutrition from the Bengal Engineering and Science University, Shibpur.
Her name was recommended as a candidate belonging to Other Backward Class category by the West Bengal Regional School 2 Service Commission, South Region for appointment as an Assistant Teacher in Nutrition under Honours/Post Graduate category. Subsequently the appointment of the petitioner was approved by the respondent no. 3 recording her qualification of B.Sc. (Hons.) in Nutrition under Memo No. 2993/G, dated October 11, 2010. It is necessary to point out that the M.Sc. degree in Nutrition which had been obtained by the petitioner was not recorded in the aforesaid order of approval. The petitioner obtained an information from the Bengal Engineering and Science University, Shibpur on the basis of her application under the Right to Information Act, 2005 to the effect that the members of Equivalence Committee of the above University unanimously resolved in its meeting held on August 25, 2010 (at page no. 45 of this writ application) that M.Sc. degree in Food Processing and Nutrition Science offered by the above University was equivalent to Post Graduate degree in Food and Nutrition Science offered by other State aided Universities. Having heard the learned counsel appearing for the petitioner as also after considering the materials on record as indicated hereinabove, I find that though there was no fault and/or laches on the part of the petitioner to submit application before the 3 West Bengal Regional School Service Commission, South Region, however participating in the selection process for appointment of Assistant Teacher under Post Graduate category her appointment was approved without taking into consideration her M.Sc. degree in Nutrition. At the cost of repetition let it be recorded that neither the respondents filed any affidavit‐in‐opposition to bring materials in support of their aforesaid conduct on record nor anybody is present before this Court today on their behalf to assist the Court. In view of the above, I find that the decision making process of the respondent authority in approving the name of the petitioner under Honours Graduate category cannot be sustained in law.
I direct the respondent no. 3 to extend the benefit of Post Graduate scale of pay in favour of the petitioner in connection with her service as an Assistant Teacher of Khardah Priya Nath Balika Vidyalaya, District‐ North 24‐Parganas in Nutrition with effect from the date of her appointment and to release the arrear benefits to the petitioner within a period of two months together with an interest on arrear @ 9% p.a. after making necessary corrections in the matter of approving of appointment of the petitioner. The aforesaid interest shall be paid from the State Government Exchequer within 4 the period mentioned hereinabove and liberty is granted to the Secretary to the Government of West Bengal, School Education Department to realize the aforesaid interest from the salary of the Erring Officer or by way of raising public demand in case of his retirement on attaining the age of superannuation. Let it be further recorded that the rate of interest is assessed at 9% p.a. taking into consideration the highest prevailing rate of interest payable by a Nationalized Bank on Fixed Deposit. This writ petition is, thus, disposed of.
There will, however, be no order as to costs.
Urgent photostat certified copies of this order, if applied for, be given to the parties on priority basis.
( Debasish Kar Gupta, J. )