Kabita Maji v. State Of West Bengal And ORS.

07.08.2025 Ct. No. 18 adeb W.P.A. 14261 of 2025 Kabita Maji Vs.

The State of West Bengal & Ors.

Mr. Sandip Kumar De Mr. Abhijit Sarkar Mr. Abhik Chitta Kundu ...for the petitioner Mr. Santanu Kumar Mitra Mr. Amartya Pal ...for the State

1. Affidavit of service filed on behalf of the petitioner is taken on record.

2. Petitioner is an approved assistant teacher in a secondary school with effect from 7th March, 2006. At the time of granting approval petitioner was sanctioned honours graduate scale of pay.

Petitioner subsequently enhanced her education qualification by obtaining postgraduate degree in the relevant subject of teaching in 2013. Petitioner prays for sanction of postgraduate scale of pay in consideration of her postgraduate degree.

3. It is submitted that school authority where petitioner is working at present permitted the petitioner to undergo higher course of study and after completing the course school authority

forwarded the issue to the Additional District Inspector of Schools (SE) Durgapur Sub-Division, Paschim Bardhaman for taking steps but till date no steps have been taken.

4. State respondents are represented by learned advocate who has opposed the prayer of the petitioner on the ground that before undergoing higher course of study petitioner did not obtain prior permission.

5. Having considered the respective submissions made on behalf of the parties, this Court finds no useful purpose would be sub-served in keeping this writ petition pending.

6. Leave is granted to the learned advocate for the petitioner to make a representation to the District Inspector of Schools (SE) Paschim Bardhaman being respondent no. 3 by fortnight from date claiming higher scale of pay in consideration of petitioner's postgraduate degree.

If such representation is made within the aforesaid time respondent no. 3 shall decide the same in accordance with law within a period of 8 (eight) weeks thereafter after granting opportunity of hearing to the petitioner and the school authority or their representative. Respondent no. 3 shall pass a reasoned order and same shall be communicated to the petitioner by fortnight thereafter.

7. Writ petition stands disposed of.

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

(Saugata Bhattacharyya, J.)