Deepali Mondal (Chatterjee) v. State Of West Bengal And ORS.

21.04.2025 Ct. No. 18 adeb W.P.A. 7732 of 2025 Deepali Mondal (Chatterjee) Vs.

The State of West Bengal & Ors.

Mr. Ashis Kumar Paul ...for the Petitioner Petitioner has prayed for sanction of postgraduate scale of pay on consideration of the representation dated 10th December, 2024 which is addressed to District Inspector of Schools (SE) Paschim Bardhaman. In support of contention of the petitioner reliance is placed on the order of a coordinate Bench dated 4th June, 2015 passed on a previous writ petition being WPA 19105 of 2008. In the order passed by the coordinate Bench on 4th June, 2015 petitioner was directed to raise grievance within a period of 2 (two) weeks to be counted from the date of passing said order but representation was preferred on 10th December, 2024. Prayer is made for consideration of such representation.

Notwithstanding preferring of representation on 10th December, 2024 it appears that petitioner was appointed as an Assistant Teacher of

Physical Education with effect from 11th February, 2003 in an additional post and after retention of said post petitioner was appointed substantively with effect from 27th February, 2004. From the date of appointment with effect from 11th February, 2003 against additional post and subsequently from 27th February, 2004 against permanent vacancy she was sanctioned pass graduate scale of pay in consideration of her qualification i.e. B.A.B.P.Ed being Assistant Teacher in Physical Education. A teacher who is appointed in a post earmarked for a candidate having pass graduate qualification is not entitled to receive postgraduate scale of pay in terms of Section 14 of the West Bengal School (Control of Expenditure) Act, 2005.

Hence, no relief can be granted to the petitioner and the writ petition stands dismissed. Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)