Manik Tudu v. State Of West Bengal And ORS.

17.06.2025 Sl. No. 43 g.b.

Court No.551 W.P.A. 16956 of 2022 Manik Tudu -Vs- The State of West Bengal & Ors.

Mr. Sakti Pada Jana Mr. Subhajyoti Das .....For the Petitioner Mr. Himadri Sikhar Chakraborty Ms. Susmita Saha .......For the State Affidavit of service filed in court today is taken on record.

The petitioner is aggrieved by the inaction on the part of the District Inspector of Schools (Secondary Education), North 24 Parganas in granting post graduate scale of pay to the petitioner despite the petitioner's case being recommended therefor by the Managing Committee of the School as far back as on May 10, 2018.

The petitioner submits that the petitioner's case is covered by the recent judgement rendered by the Hon'ble Full Bench of this Court in the case of Utpal Kanti Karan Vs. The State of West Bengal reported at 2024 SCC Online Cal 1274.

Since the District Inspector of Schools has not yet taken a decision on the petitioner's entitlement to post graduate scale of pay despite the petitioner's case being recommended therefor to the District Inspector of Schools (Secondary Education), North 24 Parganas, the said District Inspector of Schools is directed to take a decision on the recommendation of the Managing Committee of the School for granting higher scale of pay/post graduate scale of pay to the petitioner pursuant to the petitioner having obtained master's degree in English while in service.

The said District Inspector of Schools shall take reasoned decision in the matter strictly in accordance with law within a period of four weeks from the date of communication of this order and shall communicate such reasoned order to the petitioner within a week from passing thereof. In case the said District Inspector of Schools finds that the petitioner is entitled to post graduate scale of pay, the District Inspector of Schools shall immediately extend the benefit of such post graduate scale of pay to the petitioner

and take appropriate steps to make all payments to the petitioner in connection with the petitioner's entitlement to such post graduate scale of pay. With the above observation and direction WPA 16956 of 2022 is disposed of.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties after completion of all necessary formalities.

(Om Narayan Rai, J.)