Mijanur Rahaman v. State Of West Bengal And ORS.

22.08.2022 Court No.13 Item No.34 AP WPA 3416 of 2022 Mijanur Rahaman Vs.

State of West Bengal and Ors.

Mr. Arka Maiti Ms. Ambiya Khatun ... For the Petitioner.

Mr. Santanu Kumar Mitra Mr. Subhabrata Das ... For the State.

The petitioner has prayed for postgraduate pay scale after having acquired postgraduate degree, which has not been considered by the concerned District Inspector of Schools.

The petitioner joined service in the 2 No. Kulti Junior High School, Kantatala, South 24-Parganas pursuant to a letter of appointment issued by the School Service Commission dated 28th October 2013. After that the petitioner enrolled for the postgraduate course in the year 2014 and informed the school on 14th August 2014. The school is stated to have informed the concerned District Inspector of Schools praying for sanction of higher scale of pay on 1st August 2019.

Counsel for the petitioner relies upon a decision of a Division Bench of this Court in the case of Md. Adeel Uz Zaman Vs. State of West Bengal and Ors. reported in 2021 LAB. I. C. 2074.

The said decision cannot come to the aid of the petitioner since the District Inspector of Schools could

not have information that the petitioner had enrolled for a postgraduate degree. In the aforesaid case the appellant therein had already enrolled in a postgraduate course prior to joining the school as an Assistant Teacher in July 2011. The said decision cannot be applied to the petitioner.

In these circumstances, no relief can be granted to the petitioner. Hence, the writ petition fails and hereby dismissed.

There shall be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)