Calcutta High Court (Appellete Side)
Shri Dipak Kumar Roy vs The State Of West Bengal & Ors on 15 May, 2013
Author: Ashoke Kumar Dasadhikari
Bench: Ashoke Kumar Dasadhikari
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15.05.2013 W.P. 15951(W) of 2008
ss
Shri Dipak Kumar Roy
Vs.
The State of West Bengal & ors.
Mr. R.N. Majumdar
Mr. Sourav Chakraborty
...... For the petitioner
The grievance of the writ petitioner in this writ
application is denial of higher scale of pay for
improvement of his qualification subsequent to his
appointment.
Mr. R. N. Majumdar, learned Counsel appearing for
the writ petitioner submits that the writ petitioner was
B.Sc. with Bio pass and appointed as a Bio-Science
teacher in June, 1985 in the concerned school.
Subsequently, after obtaining leave from the school the
writ petitioner acquired M.Sc. in Zoology, post-graduate
qualification, in 1997. As per direction of Managing
Committee, the writ petitioner was taking classes
regularly since 2003. According to Mr. Majumdar, school
management took a resolution for awarding higher scale
of pay to the petitioner on his acquisition of post-graduate
degree and sent it to the concerned District Inspector of
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Schools. But the District Inspector of Schools refused to
grant such scale in favour of the writ petitioner.
Mr. Majumdar submits there are circulars in favour
of the writ petitioner, which entitles the writ petitioner to
get higher scale of pay.
Mr. Majumdar submits refusal on the part of the
concerned District Inspector of Schools on the ground of
not obtaining sanctioned leave for acquisition of such
post-graduate degree is not at all a valid ground for
refusal.
Mr. Majumdar submits there are decisions of this
Hon'ble Court wherein it was specifically held that no
such permission is necessary. However, he submits that
the Board of Secondary Education granted such approval
in favour of the writ petitioner for such study leave in
favour of the writ petitioner and according to him, the
other ground for refusal is not at all applicable in the
instant case specially when the impugned provision of
Section 14(3) of the West Bengal School (Control of
Expenditure) Act, 2005 has come into operation in
December, 2007. Therefore, those provisions are not at all
attracted in the instant case. According to Mr. Majumdar,
the order passed by the Joint Secretary on 27th November,
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2007 is not sustainable in law and the same should be
quashed. The writ petitioner should be allowed to have the
benefit of higher scale of pay.
Mr. Majumdar submits that the decision reported in
(2008)3 W.B.L.R. (Cal) 216 (Satanu Tirki Vs. The State of
West Bengal & ors.) is supporting the case of the writ
petitioner. In that case it was held that Act of 2005 is not
at all applicable since the same has come into effect in
December, 2007, much after the improvement of the
petitioner's qualification.
Mr. Majumdar wanted to cite several other
judgements on this point. But I am not inclined to take
those judgement in this regard.
In spite of service nobody is appearing for the State.
No accommodation is sought for. No affidavit-in-
opposition is used against the writ petition.
In my view, it is now settled position that there is no
necessity to take approval from the concerned District
Inspector of Schools to get such leave for improvement of
qualification by a teacher of the school. In the instant
case, the writ petitioner took leave not only from the
school but got approval from the Higher Secondary Board
on account of study leave. Therefore, the respondents
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cannot take a plea that they were not aware of such leave or there is any further necessity to obtain anyone else's permission in that regard. The writ petitioner has acquired post-graduate qualification prior to coming into effect of the said Act of 2005 and therefore, the provision of the said Act is not applicable.
In my view, this Act of 2005 has no manner of application in the instant case. Therefore, the writ petitioner is entitled to get higher scale of pay for his improved post-graduate qualification for which the institution as well as the students are benefited and the service of the writ petitioner is being accepted by the school.
Therefore, the writ petition is allowed. The respondent, District Inspector of Schools (SE), Jalpaiguri is directed to release higher scale of pay in favour of the writ petitioner on and from the date of such improvement.
The entire exercise should be completed within a period of six weeks from the date of communication of this order.
(Ashoke Kumar Dasadhikari, J.) 5