Palash Saha v. State Of West Bengal And ORS.

22.06.2022.

Court No.13 Item No. 60 pk W.P.A. No. 16340 of 2021 Palash Saha

Versus

State of West Bengal and others Mr. Sakti Pada Jana ...For the petitioner.

The petitioner is aggrieved by the order dated 3rd July, 2019 passed by the D. I. of Schools, South 24 Parganas, denying him the higher scale of pay. Admittedly, the petitioner got enrolled in a PostGraduate Course before joining his post as the Assistant Teacher of the school on August 11, 1998. After joining service, the petitioner acquired a postgraduate degree. He applied for higher scale of pay. It was held that in terms of G. O. 593, dated November 27, 2007, prior permission of the D.I. of Schools was necessary for the purpose of pursuing such post graduate course.

Counsel for the petitioner relies upon the decision of this Court dated September 22, 2021, passed in WPA 1044 of 2021 as also the judgement of this Court dated February 11, 2021, delivered in MAT 825 of 2020 with CAN 1 of 2021. Counsel for the petitioner submits that the G. O. 593-SE(B), dated November 27, 2007 is binding on the respondents. Placing reliance on the decision of the Division Bench

of this Court delivered in MAT 825 of 2020 with CAN 1 of 2021 (Md. Adeel UZ Zaman Vs. The State of W. B. and others) dated February 11, 2021, it is submitted that a similarly circumstanced person who got enrolled in a post graduate course prior to his engagement as an assistant teacher did not seek any such approval. The aforesaid decision was followed by this Court in the case of Golam Khaja Farid Vs. The State of West Bengal and others (WPA 1044 of 2021).

Counsel for the State submits that the decision that G. O. 593-SE(B) dated November 27, 2007 mandates approval of the D.I. of Schools, both at the time of admission and for the purpose of examination. However, this Court is bound by the decision of a Division Bench of this Court delivered in MAT 825 of 2020 with CAN 1 of 2021 (Md. Adeel Uz Zaman Vs. The State of West Bengal and others), in which case the D. I. of Schools allowed the post graduate scale of pay to the said Md. Adeel Uz Zaman in terms of the order of the Division Bench.

In that view of the matter, the petitioner in this case shall also be entitled to post graduate scale of pay pursuant to his having acquired the higher qualification. The petitioner shall be entitled to notional fixation of higher pay scale upto 2018. All arrears of high pay scale shall be payable to the petitioner from 2018 till date. In the peculiar facts and

circumstances of this case, this Court is not inclined to order any interest in favour of the petitioner. With the aforesaid directions, the writ petition stands disposed of.

There will be no order as to costs.

(Rajasekhar Mantha, J.)