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2008 Supreme(Cal) 487

SANJIB BANERJEE
Trilachan Jana – Appellant
Versus
State Of W B – Respondent


Advocates Appeared:
For the Appearing Parties:Santi Das, Subir Sanyal, Aloke Bera, Advocates.

Judgment :-

(1). THE writ petitioner obtained appointment on the basis of his masters degree as a secondary teacher in Bengali. The appointment was in the year 1994.

(2). THE writ petitioner thereafter applied to the Managing Committee of the school for permission to obtain the doctorate degree in Bengali. The petitioner says that such permission was received and the petitioner proceeded to obtain the doctorate degree in March, 2005.

(3). AT the time that the petitioner was appointed, the Revision of Pay and Allowances Rules (ROPA), 1990 was in force. Clause 16 (5) of the ROPA, 1990 provided as follows ; "16 (5) Secondary teachers, Headmasters/headmistress with doctorate degree in the subject taught or in an allied subject shall get two additional increments from the date of the convocation on which such degree is awarded : provided that those who obtained this degree prior to the date of coming over to the revised scale shall get two additional increments from the date with effect from which they elect fo draw pay in the revised scales. "

(4). THE petitioner says that such career advancement scheme and the benefits thereof were carried over in the Revision of Pay and Allowances rul













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