Calcutta High Court (Appellete Side)
Md. Rafikul Islam vs The State Of West Bengal & Ors on 31 July, 2013
Author: Ashoke Kumar Dasadhikari
Bench: Ashoke Kumar Dasadhikari
1 31.07.2013
W.P. 5553(W) of 2007 ss Md. Rafikul Islam Vs. The State of West Bengal & ors.
Mr. Tapan Kumar Chakraborty Sk. Sarifuddin ... For the petitioner Mr. Ashim Ganguly Mr. Bellal Shaikh .... For the State The grievance of the writ petitioner in this writ application is that the writ petitioner was having higher qualification on the date of his appointment. He made a prayer for granting higher scale of pay, which was not given and an order of refusal was passed by the concerned District Inspector of Schools. The order of the District Inspector of Schools was questioned before this Hon'ble Court and the learned Single Judge of this Hon'ble Court passed the following order on 22nd November, 2005 :-
" The petitioner herein has challenged the validity and/or legality of the order dated 19th April, 2005 passed by the District Inspector of Schools (SE), Malda on the ground that the said District Inspector of Schools (SE), Malda rejected the claim of the petitioner for granting higher scale of pay without assigning proper reason.2
Scrutinizing the impugned order dated 25th April, 2005 passed by the said District Inspector of Schools (SE), Malda, it appears that the benefit of higher scale of pay in favour of the petitioner was denied by the said District Inspector of Schools (SE), Malda on the ground that no prior permission was obtained by the school authority for allotment of extra classes for the petitioner and as per Class routine teaching load of the petitioner is 20 classes per week.
However, it has not been disputed that the petitioner has acquired B.Sc. Honours and P.G.B.T. Degree.
From the records it appears that the District Inspector of Schools (SE), Malda while rejecting the claim of the petitioner for granting the benefit of higher scale of pay did not raise any dispute in respect of the P.G.B.T. and B.Sc. Honours degree of the said petitioner.
In the aforesaid circumstances, I do not find any reason why the benefit of higher scale of pay will not be granted to the petitioner even though the said qualifications have been specifically recorded in the order of approval of appointment of the petitioner by the District Inspector of Schools (SE), Malda and extra classes have also been allotted to the said petitioner pursuant to the said qualifications.
For the aforesaid reasons, I am of the view that the impugned order passed by the District Inspector of Schools (SE), Malda on 25th April, 2005 rejecting the claim of the petitioner for granting higher scale of pay cannot be sustained in law and the same is, accordingly quashed.3
The District Inspector of Schools (SE), Malda is directed to grant the benefit of higher scale of pay to the petitioner for the B.Sc. Honours and P.G.B.T. qualifications as have been specifically mentioned in the order of approval of the said petitioner by the District Inspector of Schools (SE), Malda.
The District Inspector of Schools (SE), Malda is also directed to issue appropriate order in this regard granting higher scale of pay to the said petitioner within a period of four weeks from the date of communication of this order and also to take necessary steps for payment of the arrear dues to the said petitioner as expeditiously as possible.
There will be, however, no order as to costs."
Pursuant to the order dated 22nd November, 2005, the concerned District Inspector of Schools granted higher scale of pay in favour of the petitioner from the date of the order passed by this Hon'ble Court.
Mr. Charkaborty, learned Counsel appearing for the writ petitioner submits that the writ petitioner is entitled to get the benefit from the very beginning of his joining in the school since he was having higher qualification.
Learned Counsel for the State submits that at that time of appointment the writ petitioner opted for getting appointment in the vacant post for which particular qualification is required. On that basis the writ petitioner got appointment. However, the writ petitioner cannot get 4 higher scale of pay. He further submits that the concerned District Inspector of Schools has granted higher scale of pay pursuant to the order of this Hon'ble Court and that should be followed. There is no scope for modifying the order passed by this Hon'ble Court. There is, however, nothing wrong on the side of the District Inspector of Schools to grant higher scale of pay from the date of judgement.
Heard the learned Counsel appearing for the parties and considered the submission made by them. In view of the order passed by this Hon'ble Court on 22nd November, 2005 the writ petitioner was given the benefit of higher scale of pay on and from 22nd November, 2005. There is no scope of making further order and/or modification of the order which was passed by this Hon'ble Court specially when this Hon'ble Court did not give direction allowing such benefit from the date of his appointment. Therefore, I do not find any merit in this writ petition.
Accordingly, the writ petition is dismissed without any order as to costs.
(Ashoke Kumar Dasadhikari, J.) 5