Calcutta High Court (Appellete Side)
Ujjawal Kumar De vs The State Of West Bengal & Ors on 21 March, 2013
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
73 21.3.13 W.P.7744 (W) of 2013
akb
Ujjawal Kumar De
-Versus-
The State of West Bengal & Ors.
Mr. Ekramul Bari
Mr. Syed Mansoor Ali
Ms. Tanuja Basak ...For petitioner
Mr. Debabrata Mandal ...For State
Let the affidavit of service filed in Court be kept on
record.
This writ application is filed by the petitioner assailing
an order passed by the respondent No. 3 under his Memo No.
184/G dated February 12, 2012. By virtue of the impugned order, the claim of the petitioner for enjoying two increments for obtaining Ph. D. Degree in connection with his services as an 'Assistant Teacher' of Bhatpara Amarkrishna Pathsala (H.S.) District - North 24-Parganas, was rejected.
The appoint of the petitioner to the post of Assistant Teacher of the school under reference was approved by the respondent No. 3 with effect from January 22, 1986 with academic qualification of M.A. B.Ed. under his Memo No. 377/BKP dated March 20, 1986. The petitioner obtained Ph.D. degree from Jadavpur University in Philosophy in the year 2002, the date of convocation being December 24, 2002.
Having heard the learned Counsel appearing for the respective parties as also after considering the facts and circumstances of this case, I find that the claim of the petitioner was rejected on the ground that the Government Order No. 37-SE/ES(S) dated January 5, 2012 did not permit the authority to extend the above benefit in favour of the petitioner since he had obtained the Ph.D. degree prior to issue of the Government Order 2 dated January 05, 2012.
By an order dated July 4, 2012 passed in the matter of Chowdhury Moniruzzaman vs. State of West Bengal & Ors., reported in 2012(3) CLJ (Cal) 327, the above Government Order dated January 5, 2012 was quashed and set aside. The relevant portions of the above decision are quoted below:-
"18. Thus, by following the principle laid down by the laid down by the Punjab & Haryana High Court in the said decision, this Court has no hesitation to hold that the classification which was been made by the Government between the teachers, acquiring Ph.D. Degree prior to 18th August, 2005 and the teachers acquired Ph.D. Degree after 18th August, 2005 is also arbitrary and irrational inasmuch as, such classification has no nexus with the object to be achieved. As such, the Government Order dated 5th January, 2012 whereby ban was imposed on the grant of incremental benefits to the teachers acquiring Ph.D. Degree after 18th August, 2005 cannot be retained on record. The said Government Order dated 5th January, 2012 is, thus, quashed.
19. The concerned authority is, thus, directed to grant two additional increments to the petitioner for his Doctoral Degree int eh relevant subjects with effect from the date when such Doctoral Degree was awarded to him in the convocation held on 8th May, 2009."
In view of the above, it was not permissible for the respondent No. 3 to reject the claim of the petitioner on the ground shown in the impugned order.
The impugned order is quashed and set aside directing the respondent No. 3 to extend the benefit of two additional increments in favour of the petitioner taking into consideration the date of convocation within a period of two months from the date of communication of this order together with an interest @ 9% per annum on arrears amount.
Let it be made clear that the rate of interest is fixed at 3 9% per annum in view of the prevailing highest rate of interest payable by a nationalised bank on fixed deposit.
Before parting with I find it necessary to direct the Secretary to the Government of West Bengal, School Education Department, to take necessary steps from preventing the practice prevailing in his department to reject the financial claims of the teaching and non- teaching staff relying upon the Government Orders which have already been quashed and set aside by this Court. This case is an instance for directing the Secretary, Government of West Bengal, School Education Department.
This writ application is 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.) 4 5