3520W/2011 on 15 September, 2011

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Calcutta High Court (Appellete Side)

3520W/2011 on 15 September, 2011

The petitioner is a Doctor of Philosophy in Science from the Jadavpur University and has obtained such Ph.D. Degree on 4th December, 2002. The petitioner was appointed as Assistant Teacher in Science Group in Tiljala High School after going through the process of selection and thereafter his appointment as Assistant Teacher in Science Group in Higher Secondary Section was also approved by the D.I. At the time of his appointment as Assistant Teacher the educational qualification of the petitioner was M.Sc (Physics). On 16th December, 1996 the petitioner applied for obtaining Ph.D. degree in Science and the Managing Committee granted permission to the petitioner to pursue his Ph.D. degree in Science which ultimately he completed on 24th December, 2002 from Jadavpur University. The petitioner immediately thereafter intimated the school authority about such higher qualification that he 2 acquired. The Jadavpur University also on 4th July, 2003 certified in response to an enquiry made by the D.I. of Schools (S.E.) Kolkata that the petitioner was admitted in Ph.D. Course in Science and the said certificate was awarded on 24th December, 2002.

The case of the petitioner is that by reason of such higher qualification he would be entitled to two additional increments with effect from 24th December, 2002 i.e., the date of communication pursuant to the Government Memorandum being No. 33-Edn(B) dated 7th March, 1990. The relevant portion which is reproduced hereinbelow :-

"GOVERNMENT OF WEST BENGAL Education Department, Budget Branch No. 33-Edn(B) Dated :Calcutta, the 7th March, 1990.

NOTIFICATION In Finance Department Resolution No. 805-F dated the 30th January, 1987 the Government constituted a Pay Commission with terms of reference which included that the Commission would also examine the structure of emoluments and conditions of service of the Secondary teachers, Headmasters/Headmistresses with Doctorate degree in the subject taught or in an allied subject shall get two additional increments from the date of the convocation on which such degree is awarded. Provided that those who obtained this degree prior to the date of coming over to the revised scale shall get two additional increments from the date with effect from which they elect to draw pay in the revised scales."

The learned counsel appearing for the petitioner has drawn my attention to Rule 12 (5) of Carrer Advancement Scheme and related issues, the relevant portion whereof is reproduced hereinbelow :- 3

     "(5)              Secondary                   teachers

     Headmasters/Headmistresses         with      Doctorate

degree in the subject taught or in allied subject shall get two additional increments from the date of the convocation of which such degree is awarded.

Provided that those who obtained this degree prior to the date of coming over to the revised scale shall get two additional increments from the date with effect from which they elect to draw pay in the revised scales, provided that they have not already got such additional increments in the earlier pay-revision and provided further that in the latter case, pay should be fixed at least at the third stage of the relevant scale of pay." It has been further submitted that there is no doubt with regard to the eligibility to get such increments since the same has already been approved by the Director of School Education on 20.12.2004, the relevant portion whereof is reproduced below :-

"Sub: Two Additional Increments in favour of SRI PRABIR SANKAR SENGUPTA, Asstt.

Teacher of Tiljala High School for Ph.D. Degree.

Ref : His No: 378/D dated 05-08-2004.

In reference to the above, the undersigned has to state that SRI PRABIR SANKAR SENGUPTA, Asstt. Teacher of Tiljala High School, may be allowed to draw 2 (Two) Increments from 24-12- 2002 for pursuing Ph.D. Degree."

Subsequently thereto on 2nd March, 2005 the Director of School Education intimated to the District Inspector of Schools (S.E.), Kolkata that the writ petitioner was working as Assistant Teacher of Tiljala High School, may be allowed to draw two increments from 24th December, 2002 for purusing Ph.D. Degree but unfortunately it appears that such increments have not been paid. The petitioner complaints that the benefit of such two additional increments have been given to him from the month of April, 2005. In view thereof, the Director of School Education is directed to dispose of the application made on 10.08.2010 by taking into consideration the communications made on 20.12.2004 and 02.03.2005 and the subsequent Memos issued by the Director of School Education. The said authority not only should decide the question of arrears of two additional increments with effect from 24th December, 2002 but also regularizing the entire matter keeping in view the aforesaid memo and other relevant Rules and Regulations that are applicable in case of the petitioner. The said authority is directed to dispose of the said application within a period of three weeks from the date of communication of this order. It is needless to mention that in the event it appears that such arrears have not been paid, the 5 same should be paid forthwith and the matter of payment should not be delayed any further if it appears to the said authority that the petitioner is entitled to payment of such amounts in view of the earlier communications dated 20.12.2004 and 02.03.2005 and such payments should be released forthwith and may not be deferred for a period of three weeks. However, the authority should take a final decision in the matter within the aforesaid of three weeks as stipulated by this order.

Urgent xerox certified copy of this order, if applied for, be given to the learned advocate for the petitioner on priority basis.

(Soumen Sen, J.) 6

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Calcutta High Court (Appellete Side)