Nur Md. Naskar v. State Of West Bengal And ORS.

ML 167 11.09.2024 Ct. No. 18 adeb W.P.A. 11594 of 2023 Nurmohammad Naskar Vs.

The State of West Bengal & Ors.

Mr. Himadri Basu Mr. Biswajit Das ...for the petitioner Mr. Supriyo Chattopadhyay Ms. Sayantanee Bhattacharjee ...for the State Affidavit-of-service filed on behalf of the petitioner is taken on record.

By presenting this writ petition, inter alia, petitioner has prayed for sanction of two additional increments for acquiring Ph.D degree. It has been submitted by the learned advocate representing the petitioner that convocation was held on 23rd September, 2008 for conferring Ph.D degree upon the petitioner. Prayer is made for directing the State-respondents to sanction incremental benefits.

The learned advocate representing Staterespondents has opposed the prayer of the petitioner on placing reliance on the judgment of the Hon'ble Division Bench reported in 2019 (3) CHN (Cal) 221 (State of West Bengal Vs. Chandra Bhusan Dwivedi).

Having considered the respective submissions made on behalf of the parties and taking note of the ratio of Chandra Bhusan Dwivedi (supra) it appears that the

issue is no more res integra. It has been succinctly decided by the Hon'ble Division Bench in paragraphs 10 and 11 of Chandra Bhusan Dwivedi (supra) that the teacher may be entitled to receive incremental benefits in terms of Clause 12(5) of Revision of Pay and Allowances Rules, 1998 but similar provision being absent in subsequent Revision of Pay and Allowances Rules, 2009, incremental benefits for having Ph.D degree ought not to be permitted. ROPA 2009 Rules were effected with effect from 1st January, 2006 whereas convocation was held on 23rd September, 2008 for conferring degree. Therefore, the issue relating to grant of incremental benefits comes under the purview of ROPA 2009 Rules where nothing is provided which would make a teacher entitled to claim incremental benefits for acquiring Ph.D degree. In view of aforesaid discussion the writ petition stands dismissed.

There shall be no order as to costs.

Urgent photostat certified copy of the order, if applied for, be given to the parties, upon usual undertakings.

(Saugata Bhattacharyya, J.)