Calcutta High Court (Appellete Side)
Dr. Nirmal Kumar Mandal vs State Of West Bengal & Ors on 4 May, 2011
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
4.5.11
W.P.13679 (W) of 2010
Dr. Nirmal Kumar Mandal
-Vs-
State of West Bengal & Ors.
Mr. Shamim Ul Bari
Ms. Tanuja Basak
................. For the Petitioner
Mr. Tarun Roy
Mr. B.R.Bose
...................For the Respondents No. 1-3.
The petitioner is an approved Assistant Teacher in Garia Barada Prasad High School (H.S.) in the district of 24-Parganas (South). While he was in service, he improved his educational qualification by acquiring Ph.D. Degree from Jadavpur University. The degree of doctorate of philosophy in science was conferred upon him by the said University on 24th December, 2004. After acquiring the said Ph.D. degree, the petitioner claimed two additional increments for his Ph. D. Degree. The School Authority also adopted a resolution recommending grant of two additional increments to him for his Ph.D. Degree. All the papers including the resolution of the School Authority were forwarded to the concerned District Inspector of School (S.E.), South 24-Parganas for his consideration. The concerned District Inspector of School (S.E.), South 24- Parganas instead of taking any decision in this regard referred the matter to the Director of School Education who refused to take the ultimate decision in this regard by taking note of the communication made by the OSD and Ex-Officio Joint Secretary addressed to the Director of School Education on April 9, 2009 wherein it was mentioned that further consideration of such claim will be kept pending until disposal of the case pending before the Division Bench comprising of three Judges of Calcutta High Court wherein a stay order was passed on the grant of additional benefits to any teacher working in any Government aided/Government sponsored school for acquiring his/her Ph.D. Degree.
Under such circumstances the petitioner's prayer for grant of higher scale of pay has not been considered by the concerned Director of School Education till date.
Mr. Bari, learned advocate appearing on behalf of the petitioner submits that no such case which was referred to in the said communication made by the OSD and Ex-Officio Joint Secretary addressed to the Director of School Education is pending before this Court. He further submits that even the said order which was referred to in the said communication has not been passed by this Hon'ble Court to his knowledge.
Mr. Roy, learned advocate appearing for the State respondents is unable to produce the copy of the said order which was referred to in the said communication. He also failed to supply the particulars of the proceeding in which the stay order was allegedly passed by the Division Bench of this Hon'ble Court.
Under such circumstances this Court feels that instead of keeping this writ petition pending before this Court, justice will be subserved if the petitioner's prayer for grant of two additional increments for his Ph.D. degree is referred to the Director of School Education for his consideration. Accordingly, this Court directs the Director of School Education to consider the petitioner's prayer for grant of additional increments for his Ph.D. Degree in the light of the relevant rules and/or circular which was prevalent at the relevant time.
It is needless to mention here that in the event any favourable decision is taken by the Director of School Education in favour of the petitioner, the concerned authority will take the follow-up action to complete the entire process so that the benefits which will be found to be admissible to him, can be paid to him without any further delay.
The writ petition is thus disposed.
Since the writ petition is disposed of at the motion stage without inviting the parties to file affidavit in this writ petition, it is recorded herein that the allegations made by the petitioner in the writ petition are not deemed to be admitted by the respondent.
Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates appearing for the parties.
(Jyotirmay Bhattacharya, J )