Manmohan Mandal v. State Of West Bengal And ORS.

25.09.2024 Ct. No. 18 adeb W.P.A. 23701 of 2024 Manmohan Mandal Vs.

The State of West Bengal & Ors.

Mr. K.C. Das Mr. Sk. Sahajahan ...for the Petitioner Mr. Pinaki Dhole Mr. Avishek Prasad ...for the State Affidavit-of-service filed on behalf of the petitioner is taken on record.

Petitioner prays for sanction of postgraduate scale of pay for acquiring M.Sc degree in Physics from Bengal Engineering and Science University, Shibpur in 2008. It has been submitted on behalf of the petitioner that he was appointed as assistant teacher in Science Group on 8th October, 2007 when he was undergoing higher course of study for acquiring M.Sc degree in Physics.

Subsequently, he obtained higher qualification in 2008. Therefore, petitioner is not required to obtain prior permission from the concerned District Inspector of Schools (SE) for enrolling himself in higher course of studies in terms of Government Order dated 27th November, 2007. In support of such contention petitioner has relied upon judgment of the Hon'ble Division Bench dated 11th February, 2021 passed in MAT 825 of 2020

(Md. Adeel Uz Zaman -vs- The State of West Bengal & Ors.) and It is also submitted that the ratio of Adeel Uz Zaman (supra) has been affirmed by the Hon'ble Special Bench in the judgment dated 7th February, 2024. Attention of this Court has also been drawn to a letter issued by the Secretary-cum-Headmaster of the school where petitioner is presently serving dated 23rd July, 2018 addressed to the concerned District Inspector of Schools (SE), Nadia for sanction of postgraduate scale of pay. According to the petitioner such letter of the school authority could not yield any result.

State-respondents are represented by learned advocate who submits that the issue needs to be relegated to the concerned District Inspector of Schools (SE), Nadia for taking decision.

Having considered the submissions made on behalf of the parties, writ petition stands disposed of directing the District Inspector of Schools (SE), Nadia being respondent no. 3 to decide the entitlement of the petitioner to receive postgraduate scale of pay by 8 (eight) weeks from the date of communication of this order. Respondent no. 3 shall grant opportunity of hearing to the petitioner and pass a reasoned order and same shall be communicated to the petitioner by 1 (one) week thereafter.

It is made clear that while taking decision respondent no. 3 shall follow the ratio of Adeel Uz

Zaman (supra) and the decision of the Hon'ble Special Bench dated 7th February, 2024.

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.)