Calcutta High Court (Appellete Side)
Debala Das vs The State Of West Bengal & Ors on 25 June, 2015
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1 25.06.201556
s.das W.P. 26009(W) of 2014 Debala Das Vs. The State of West Bengal & Ors.
Mr. Sakti Pada Jana, Mrs. U. Pal (Samanta) .... for the petitioner Mr. Biswajit De, Mr. Naren Ghosh Dastidar ..... for the State Affidavit-of-service filed in Court today be kept with record. Despite service of notice, no one appears on behalf of the State.
Mr. Biswajit De, learned Counsel, who usually appears for the State, is present in Court today.
I direct Mr. De, learned Counsel with Mr. Dastidar, learned Counsel, to appear in this matter for the State.
Legal Remembrancer is directed to regularize the engagement of Mr. De, learned Counsel and Mr. Dastidar, learned Counsel appearing for the State, accordingly.
The petitioner was appointed through School Service Commission as Assistant Teacher in the subject Physics in Gopimohanbarth Girls High School, District Purba Medinipur, and pursuant to that recommendation the petitioner joined the service 2 to the said school on 9th December, 2009. Her appointment was duly approved by the concerned District Inspector of Schools (SE), Purba Medinipur on 1st February, 2010. It appears that before joining the said school as Assistant Teacher, the petitioner was perusing his higher study in M.Sc. in Physics from Vidyasagar University in 2010. She has completed her Part-I examination before joining the service. She appeared in the Part-II examination with the prior permission of the Managing Committee of the said school in the year, 2010. She successfully passed in the said M.Sc. examination.
Petitioner applied before the school authority for permission to complete her Part-II examination and obtained study leave from the Managing Committee of the said school. Meeting was held on 27th March, 2010. The study leave was sanctioned in favour of the petitioner by the Managing Committee of the said school.
Mr. Jana, learned Counsel appearing for the petitioner, submits that as per the memorandum dated 1st February, 2010 the petitioner is entitled to enjoy the higher scale of pay as per the relevant ROPA Rules upon acquiring such M.Sc. qualification in his relevant teaching subject i.e. Physics. As a result whereof, the petitioner made representation before the school authority which was duly forwarded by the school authority to the Additional District Inspector of Schools (S.E.), Contai on 14th December, 2013 for consideration. Thereafter, the Additional District Inspector of 3 Schools (S.E.), Contai forwarded such claim to the Commissioner of School Education on 13th February, 2014.
Mr. Jana, learned Counsel, also relies on a Circular being No. 1595-SE(S) on 26th December, 2005. The relevant extracts of the said Circular are quoted below :
"(a) such teacher has, prior to joining the post, acquired Post-graduate degree in the subject relevant to the appointment shall be entitled to draw pay of Post-graduate teacher category from the date of joining the post; or
(b)such teacher has, prior to joining the post, completed the examination for the Post-graduate degree in the subject relevant to the appointment, but the results of such examination has been published after joining the post, shall be entitled to draw pay of Post-graduate teacher category from the date of publication of the results of such examination; or ( c)such teacher has, after joining the post improved his qualification with prior permission of the authority competent to grant such permission, shall, on being successful in the results of the examinations (theoretical and practical) for the Post-graduate degree in the subject relevant to the appointment, be entitled to draw pay of Post-
graduate teacher category from the day next following the last day of such examinations."
Mr. Jana, learned Counsel, also relies on an unreported judgement dated 28th July, 2014 passed in W.P. No. 20649(W) of 2014 (Smt. Sunanda Roy vs. State of West Bengal & Ors.).
Relying the Circular as indicated above, the Hon'ble Court held that in view of the Circular the petitioner having Post- graduate degree is entitled to enjoy the post-graduate scale.
Considering the submissions made by Mr. Jana, learned Counsel appearing for the petitioner, and also considering the 4 submissions made by Mr. De, learned Counsel appearing for the State, I am of the view that justice would be subserved if the Commissioner of School Education is directed to consider the petitioner's claim for higher pay scale which was forwarded by the Additional District Inspector of Schools (S.E.), Contai, on 13th February, 2014 in accordance with law within a period of eight weeks from the date of communication of this order.
If the Commissioner of School Education comes to the conclusion that the petitioner is entitled to enjoy the higher scale of pay for the qualification of M.Sc. in Physics then Commissioner of School Education will take steps for disbursement of the scale as per law within two weeks thereafter and communicate the decision to the petitioner within two weeks thereafter.
With this direction, the writ petition is disposed of. No order as to costs.
Urgent photostat certified copy of this order, if applied for, be supplied to the learned Counsel appearing for the parties upon compliance of all requisite formalities.
(Samapti Chatterjee, J.)