Calcutta High Court (Appellete Side)
Sn Uttam Kundu vs State & Ors on 18 July, 2013
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
50 18.7.13 W.P.18854(W)of 2013
sn UTTAM KUNDU VS. STATE & ORS.
Mr. Narayan Chandra Mondal
Ms. Anita Khatri
Ms. Sipra Maity
Mr. Sankar Sarkar
.. for the petitioner
Mr. Biswajit De
Mr. Asim Hati
..for the State
Let the affidavit of service be kept
on record.
This writ application is filed by
the petitioner for granting two additional
increments in his favour for obtaining Ph.D.
degree in Philosophy (Education) in
connection with his services as an assistant
teacher of Beler Dhanya Kuria Madhyamick
Vidyalaya (H.S), District North 24 Parganas.
The appointment of the petitioner
was approved by the respondent no.4 with
effect from August 24, 2002 recording his qualification as M.A. B.Ed. under memo no.BHT/478/G dated September 25, 2002. Subsequently, the petitioner obtained Ph.D. Degree in Education , the date of convocation being February 22, 2008 2 Since the above benefit was not granted to the petitioner he filed an application under Article 226 of the Constitution of India bearing W.P. No.22221(W) of 20112 and was disposed of on June 13, 2012 and the operative portion of the above order is quoted below :-
"It appears that the claims still pending. Alleging inaction this writ petition was filed, which is disposed of by directing the respondent no.32 to dispose of the prayer of the petitioner in accordance with law by a reasoned order after heairng the parties within six weeks from the date of communication of this order.
This writ petition is, thus, disposed of.
There will be no order as to costs.
(Girish Chandra Gupta, J)"
In compliance of the above order, the respondent no.3 passed an order dated June 4, 2013 rejecting the claim of the petitioner as follows :
"Heard the submission and
considered. Considering the fact and
circumstances and perusing the Govt. Orders observed that as per Rule 12(5) under ROPA- 1998- Secondary Teachers and Headmaster/Headmistress with Doctorate Degree in this subject taught or in allied subject shall get two additional increments from the date of convocation of which such degree is awarded. "But in the instant case 3 the Petitioner though jointed in the year 2002 i.e. under ROPA 1998 but he obtained Ph.D degree in the year, 2008 i.e. after ROPA 2009 came into force from 01.01.2006.
And in ROPA 2009 there is no provision for allowing additional increments for obtaining Ph.D degree As the petitioner obtained Ph.D degree after introduction of ROPA 2009(after 01.01.2006) and as there is no such provision in ROPA 2009 for allowing any financial benefit for Ph.D degree so his eligibility for entitlement of two additional increments for Ph.D. degree cannot be considered.
The matter is thus disposed of. All concerned be informed accordingly."
By virtue of the order passed by the respondent no.3 under memo no.94/1(5)/Law dated June 4, 2013 the claim of the petitioner was rejected.
After perusing the order of the respondent no.3, I find that the ground assigned therein and after perusing the ground assigned in the order passed by the respondent no.3, I find that his ground for objection was that the date of convocation of the Ph.D. degree of the petitioner was February 22, 2008 and the petitioner exercised his option to come under the Revision of Pay & Allowances Rules, 2009.
The date of convocation obtaining 4 Ph.D. degree of the petitioner was February 22, 2008 which was prior to the introduction of Revision of Pay & Allowances Rules, 2009. Therefore, the above rules had no manner of application so far as the granting of benefit of two additional increments to the petitioner is concerned.
In view of the above, the order dated June 4, 2013 passed by the respondent no.3 is quashed and set aside.
The respondent no.3 is directed to grant the above benefit to the petitioner within two months from the date of communication of this order.
This writ petition stands disposed of. There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Debasish Kar Gupta,J) 5 6 7