Calcutta High Court (Appellete Side)
Sultan Salauddin Sarkar vs State & Ors on 30 August, 2013
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
86 30.8.13 W.P.22100(W)of 2013
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SULTAN SALAUDDIN SARKAR VS. STATE & ORS.
Mr. Saibal Acharya
Mr. Sariful Islam Mallick
.. for the petitioner
Ms. Susmita Biswas Chowdhury
..for the State
Let the affidavit of service filed by the
petitioner be kept on record.
This writ application is directed against an
order passed by the respondent no.3 under his
memo no. 2104 dated October 16, 2012. For ascertaining the full and complete text of the order, the same is quoted below :
"Memo no.2104 dated 16.10.2012 From : The District Inspector of Schools (S.E.) Burdwan To : The Secretary, Mohanpur Nowhati S.R.S. Vidyalaya, P.O. Amadpur, Dist. Burdwan Reference : School's letter no. Nil dated 17- 05-12 Sub: Grant of additional increments in favour of Sultan Salauddin Sarkar, H.M. Mohanpur Nowhati S.R.S. Vidyalaya, P.O. Amadpur, Dist. Burdwan.
With reference to the above noted subject, the undersigned has to inform him that Additional increments on account of obtaining Ph.D. degree in favour of Salauddin Sarkar, H.M. of the school cannot be allowed as he passed M.Sc. examination without having had the basic qualification of honours degree as per provisions laid down in G.O.No.37-SE/ES(s)/5p- 37/2010 dated 05.01.12 District Inspector of Schools Secondary Education Burdwan 13/09/12"
After perusing the aforesaid order, I find that the ground for rejecting the benefit of two additional increments to the petitioner in connection with his service as a Headmaster of Mohanpur Nowhati S.R.S. Vidyalaya, District Burdwan was the provisions of Government Order No.37-SE/ES(s)/5P-37/2010 dated January 5, 2012. It is not in dispute that the above Government Order has already been quashed and set aside by a judgement dated July 4, 2012 in the matter of Chowdhury Moniruzzaman Vs. State & ors. reported in 2012(5)CHN 598 and the relevant portion of the above decision is quoted below :-
"18. Thus, by following the principle laid down by the Punjab & Haryana High Court in the said decision, this Court has no hesitation to hold that the classification which has 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 in as much as classification has no nexux with the object to be achieved. As such, the Government Order dated 5th January, 2012 whereby by 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 to the said Government Order dated 5th January, 2012 is, thus, quashed."
It is a matter of surprise that in spite of quashing and setting aside the Government Order the respondent no.3 relies upon the above Government Order to reject the claim of the petitioner. It is a rule of man and not rule of law. The conduct of the respondent no.3 is not only disapproved but the impugned order is liable to be quashed and set aside.
The impugned order is, therefore, quashed and set aside.
The respondent no.3 is directed to extend the benefit of two additional increments in favour of the petitioner from the date of convocation of obtaining Ph.D. degree by the petitioner with interest @ 9% per annum on arrear within two months from the date of communication of this order.
It is further directed that the above interest shall be paid to the petitioner within the period mentioned hereinabove from the public exchequer at the first instance.
The Secretary to the Government of West Bengal, School Education Department is directed to realize the above interest from the salary of the concerned District Inspector of Schools (SE) within three months or by way of raising public demand in case of his retirement from the above services. 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)