Gostha Chandra Kahmaru v. State Of West Bengal And ORS.

Mlrkd 12.06.2024 Ct.18 W.P.A. 16903 of 2022 Gosta Chandra Khamaru -vsThe State of West Bengal & Ors.

Mr. Usof Ali Dewan, Mr. Asif Dewan ....for the petitioner.

Mr. Supriyo Chattopadhyay, Mr. Sumon Dey ....for the State.

In the writ petition the decision of the District Inspector of Schools (S.E.), South-24 Parganas as contained in the memo dated 17th January, 2022 is under challenge whereby prayer of the petitioner for according postgraduate scale of pay was spurned.

The learned advocate representing the petitioner submits that the petitioner was appointed as Assistant Teacher in Mathematics with educational qualification B.Sc. (Hons.) in Mathematics on and from 6th July, 2011 in Nischintapur R.D. High Schools (H.S.), South 24 Parganas.

From the date of petitioner's appointment he was granted Hons. Graduate scale of pay. Prior to his joining the post of Assistant Teacher petitioner completed Part-I examination of M.Sc. in

Mathematics and subsequently he completed postgraduate course on appearing M.Sc.

(Mathematics) Part-II Examination in the year 2012. Previously, petitioner filed writ petition being WPA 14879 of 2019 since his prayer for grant of postgraduate scale of pay was not contemporaneously considered by the concerned State respondents. The said writ petition was disposed of by a coordinate Bench vide order dated 18th December, 2020 directing the concerned District Inspector of Schools to take decision in accordance with law.

It has been submitted on behalf of the petitioner that subsequently on an identical issue a judgment was delivered by the Hon'ble Division Bench in Adeel Uz Zaman -vs- The State of West Bengal & Ors. in MAT 825 of 2020 dated 11th February, 2021.

According to the petitioner since the Hon'ble Division Bench in Adeel Uz Zaman (supra) has decided that in the event the candidate joins the post with Hons. graduate scale of pay at the time when the said candidate has completed a part of higher course of studies for obtaining post graduation degree in the relevant subject of teaching the prescription as contained in the

Circular dated 27th November, 2007 to obtain permission from the concerned District Inspector of Schools to undergo higher course of studies, is not warranted.

It has also been submitted that the ratio of Adeel Uz Zaman (supra) has already been approved by the Special Bench in the judgment dated 7th February, 2024.

Mr. Chattopadhyay, learned advocate represents the State respondents who has made submission to defend the decision taken by the concerned District Inspector of Schools in the memo dated 17th January, 2022.

It has been submitted on behalf of the State respondents that in view of amendment being made i.e. the West Bengal Schools (Control of Expenditure) (Amendment), Act, 2016 on 2nd February, 2017 petitioner being the teacher of normal section in the concerned school is not entitled to receive postgraduate scale of pay. Having considered the submissions made on behalf of the parties and on perusal of the impugned memo dated 17th January, 2022 issued by the District Inspector of Schools (S.E.) South 24 Parganas, it appears that apart from reliance being placed on West Bengal Schools (Control of

Expenditure) (Amendment), Act, 2016 the prayer of the petitioner for grant of postgraduate scale of pay was turned down since permission was not obtained from the concerned District Inspector of Schools before enrolling his name for higher course of studies.

The issue of obtaining permission from the concerned District Inspector of Schools in terms of the Circular dated 27th November, 2007 is no more res integra in view of the ratio of Adeel Uz Zaman (supra) as decided by the Hon'ble Division Bench considering the fact that at the time of joining the post in the present case on 6th July, 2011 petitioner completed M.Sc. Part-I course.

It is also required to be recorded herein that the view expressed by the Hon'ble Division Bench in Adeel Uz Zaman (supra) has been approved by the Larger Bench in the judgment dated 7th February, 2024.

An additional point has been taken while rejecting the claim of the petitioner that an amendment has been carried out with effect from 2nd February, 2017 to the West Bengal Schools (Control of Expenditure) Act, 2005 and in terms of such amended provision only the teachers working with Hons. graduate scale of pay in the higher

secondary section are entitled to receive postgraduate scale of pay.

However, nothing has been shown to this Court that this West Bengal Schools (Control of Expenditure)(Amendment), Act, 2016 has retroactive operation. In the present case petitioner obtained postgraduate qualification in the year 2012; therefore right of the petitioner to obtain postgraduate scale of pay is required to be considered in the light of the decision of the Hon'ble Division Bench in Adeel Uz Zaman (supra).

In view of the above discussion, the impugned memo dated 17th January, 2022 issued by the concerned District Inspector of Schools (S.E.), South 24 Parganas stands set aside.

The concerned District Inspector of Schools being respondent no.4 is directed to grant postgraduate scale of pay to the petitioner from the date of publication of the result of M.Sc. Part-II Examination within a period of four weeks from the date of communication of this order.

Accordingly, the writ petition stands allowed.

However, there shall be no order as to costs.

Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)