Mononita Mishra v. State Of West Bengal And ORS.

S/L 22 09.02.2026 Court No.18 SD

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION WPA 23285 of 2023 Monomita Mishra Vs.

The State of West Bengal & Ors.

Mr. Sakti Pada Jana Mrs. Sudipta Pramanik ... for the Petitioner.

Mr. Gourav Das ... for the State.

1.

Affidavit of service filed in Court today be retained with the records.

2.

The prayer of the petitioner seeking higher scale of pay on account of enhancing the educational qualification is pending consideration before the Additional District Inspector of Schools (Secondary Education), Contai, Purba Medinipur.

3.

The petitioner submits that she completed her part-I examination prior to joining service and, accordingly, there was no scope on her part to obtain prior permission for enhancing her educational qualification.

4.

Reliance has been placed on the judgment delivered by the Hon'ble Division Bench of this Court on February 11, 2021 in MAT 825 of 2020 (Md. Adeel Uz Zaman vs. The State of West Bengal & Ors.). 5.

Reliance has also been placed on the judgment delivered by the Special Bench in the matter of Utpal

Kanti Karan vs. State of West Bengal & Ors.

reported in 2024 SCC OnLine Cal 1274.

6.

As it appears that the prayer of the petitioner is pending consideration, accordingly, the instant writ petition stands disposed of by directing the District Inspector of Schools (Secondary Education), Purba Medinipur to take a decision on the petitioner's prayer seeking higher scale of pay after giving reasonable opportunity of hearing to the petitioner for production of relevant documents in support of her claim. 7.

The ratio laid down by the Court in the precedents mentioned herein above shall be looked into by the District Inspector of Schools (Secondary Education) prior to passing a final order in the matter. 8.

A decision shall be taken at the earliest but positively within twelve weeks from the date of communication of this order.

9.

If the prayer of the petitioner is allowed, then necessary consequential steps shall be taken without any further delay.

10. Learned advocate for the petitioner is directed to forward the representation seeking consideration along with all supporting documents to the District Inspector of Schools (Secondary Education), Purba Medinipur at the time of communicating the order of the Court.

11.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Amrita Sinha, J.)