Tapas Kumar Ghosh v. State Of West Bengal & ORS
16.04 W.P.A. 2568 of 2009 Tapas Kumar Ghosh WPA 3660 of 2009 Apurba Kumar Mondal WPA 11764 of 2015 Kiriti Bhusan Orang WPA 21112 of 2017 Joydeb Mandal WPA 21420 of 2017 Satabdi Saha WPA 22529 of 2017 Mala Karmakar WPA 23904 of 2017 Krishna Mal WPA 23907 of 2017 Moumita Ghosh WPA 31435 of 2017 Tumpa Mandal W.P.A. 7710 of 2018 Arbina Khatun WPA 10661 of 2018 Gobinda Manna WPA 12304 of 2018 Subrata Panda WPA 12692 of 2018 Abhijit Dey Ct.
No.
to 16, to 37, To 42, To and to akb
WPA 12694 of 2018 Joydeb Ghosh WPA 13098 of 2018 Shrabani Basu WPA 13102 of 2018 Debasis Sarkar WPA 13980 of 2018 Chandan Mandal WPA 13984 of 2018 Pranab Mukherjee WPA 14005 of 2018 Rajib Sarkar WPA 14008 of 2018 Samir Pal WPA 14013 of 2018 Ranjit Kumar Chakraborty WPA 14017 of 2018 Suvajyoti De WPA 14020 of 2018 Mohanlal Das WPA 31064 of 2017 Ramesh Kisku WPA 4149 of 2018 Biswajit Nath
WPA 5533 of 2018 Ujjal Kumar Bose WPA 7519 of 2018 Plabani Roy Asoar WPA 7714 of 2018 Tirthankar Bhangar WPA 7850 of 2017 Soumen Kr. Das WPA 8044 of 2018 Rahul Deb Barman WPA 8125 of 2018 Moumita Nath WPA 14245 of 2018 Susanta Mallick WPA 3908 of 2019 Mohar Banerjee WPA 4082 of 2019 Sujit Chandra Sarkar WPA 9436 of 2019 Anusree Gupta WPA 13100 of 2019 Sagarika Bhattacharjee WPA 15968 of 2019 Krishna Ghosh WPA 18841 of 2019
Goutam Barua WPA 21111 of 2019 Subhadra Sarkar WPA 1097 of 2020 Tapas Kumar Das WPA 4080 of 2020 Dipanwita Bhowmick Das WPA 4920 of 2020 Debojyoti Chowdhury WPA 5767 of 2020 IA No. CAN 1 of 2020 (Old CAN 3749 of 2020) Gopinath Majee WPA 8398 of 2020 Punam Choubey WPA 9347 of 2020 Partha Pratim De WPA 10685 of 2020 Keya Mukhopadhyay WPA 11390 of 2020 Sudipta Sarkar WPA 4280 of 2021 Sourav Basu WPA 4285 of 2021 Krishanu Kumar Roy WPA 4289 of 2021
Tanmoy Ghanti WPA 4370 of 2021 Purna Chandra Shit WPA 7159 of 2021 Shipla Ghosh WPA 7606 of 2021 Tirtha Tanay Naskar WPA 7607 of 2021 Arun Haldar WPA 9387 of 2021 Premananda Ghatak WPA 9610 of 2021 Avijit Bhakat Mr. Ekramul Bari Mr. Sakti Pada Jana Mr. Biswarup Biswas Mr. Saibal Acharya Mr. Washef Ali Mondal Mr. Jakir Hossain Ms. Tanuja Basak Ms. Anusuya Banerjee Mr. Syed Mansur Ali Mr. Tauhid Khan Ms. Pampa Dey (Dhabal) Ms. Sangita Banerjee Mr. Ashis Kumar Chowdhury Ms. Deborupa Mukherjee Ms. Ujani Pal (Samanta) Mr. Tapan Kumar Rakshit Mr. Surajit Roy Mr. Syamal Kumar Das Mr. Ajay B. Roy Ms. Smita Paul ...For the petitioners Mr. Supriyo Chattopadhyay, Sr. Govt. Adv.
Ms. Iti Dutta Mr. Sabyasachi Mondal Mr. Susanta Pal Mr. Biswabrata Basu Mallick Mr. Pinaki Bhattacharjee
Mr. Pinaki Dhole ...For the State These writ petitions are taken up for analogous hearing, as they relate to the same issue.
All the writ petitions relate to drawing of higher scale of pay upon securing post graduate qualification as governed by the West Bengal Schools (Control of Expenditure) Act, 2005 read with the Government Order bearing No. 593 dated November 27, 2007.
By an order and judgment delivered on March 25, 2021 in W.P.A. 14468 of 2013 (Animesh Choudhury Vs. State of West Bengal & Ors.), I had held that an assistant teacher who had previously enrolled in the Post Graduate course prior to his employment as an assistant teacher need not take prior permission for appearing in the examinations of the said course from the competent authority as mandated by the Notification dated November 27, 2007.
In the light of the similar factual matrix in the present writ petitions to the case of Animesh Choudhury Vs. State of West Bengal & Ors. (Supra), the principles enunciated therein are squarely applicable to all the present writ petitions.
In view of the above, these writ petitions are also disposed of on the same basis. In some of the writ petitions where there are orders rejecting the application for higher scale of pay, the impugned orders are set aside. The pertinent authorities are accordingly directed
to allow higher scale of pay to the petitioners from the date following the last date of the final examination of the Post Graduate course. The District Inspector of Schools (SE) concerned shall do the needful in this regard within a period of 10 (ten) weeks from the date of communication of this judgment.
In the light of the above conclusion and directions, these writ petitions are allowed along with the connected applications. There shall be no order as to costs. In some of the writ petitions no affidavits have been exchanged. Accordingly, in those writ petitions it shall be deemed that the allegations made in the said writ petitions are deemed to have not been admitted by the respondents. Urgent photostat certified copy of this order, if applied for, be given to the parties, on priority basis. ( Shekhar B. Saraf, J.)