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2016 Supreme(Cal) 613
IN THE HIGH COURT AT CALCUTTA
SAHIDULLAH MUNSHI, J.
MD. AZIZUL HAQUE LASKAR – Petitioner
Versus
STATE OF WEST BENGAL & ORS. – Respondents
W.P. No.19433(W) of 2016
Decided On : 07-12-2016
For the Petitioner: Mr. Biswaroop Bhattacharyya, Mr. Golam Mohiuddin
For the Respondent: Mr. L.K. Gupta, Mr. J.K. Gupta
A teacher appointed in the Pass category is not entitled to claim any additional increment or higher scale of pay for acquiring any qualification other than the qualifications specified for such post.
Headnote:
WEST BENGAL SCHOOLS (CONTROL OF EXPENDITURE) ACT, 2005 - SECTION 14 - HIGHER SCALE OF PAY - POST-GRADUATE DEGREE - APPOINTMENT IN PASS CATEGORY - NO SWITCHING OVER TO POST-GRADUATE CATEGORY - CLARIFICATORY ORDER - CONSTITUTIONALITY.
Fact of the Case:
The petitioner, appointed as an Assistant Teacher in the Pass category in a Madrasah, challenged the order of the District Inspector of Schools rejecting his claim for grant of higher scale of pay on the basis of his Post-Graduate (M.M.) Degree.
Finding of the Court:
The court held that the petitioner was not entitled to a higher scale of pay as he was appointed in the Pass category and not the Post-Graduate category. The court also held that the circular issued by the government clarifying that existing teachers will not automatically enjoy the higher scale of pay was not contrary to the provisions of the West Bengal Schools (Control of Expenditure) Act, 2005, and was not unconstitutional.
Issues: Whether the petitioner was entitled to a higher scale of pay despite being appointed in the Pass category. Whether the circular issued by the government clarifying that existing teachers will not automatically enjoy the higher scale of pay was contrary to the provisions of the West Bengal Schools (Control of Expenditure) Act, 2005, and was unconstitutional.
Ratio Decidendi: The court relied on the provisions of Section 14 of the West Bengal Schools (Control of Expenditure) Act, 2005, which provides that a teacher appointed in the Pass category is not entitled to claim any additional increment or higher scale of pay for acquiring any qualification other than the qualifications specified for such post. The court also relied on the decisions in the cases of State of West Bengal & Ors. – Vs. – Md. Sohidullah & Ors. and Tarak Chandra Roy – Vs. – State of West Bengal & Ors., which held that a teacher appointed in the Pass category cannot claim the benefit of the higher pay scale.
Final Decision: The writ petition was dismissed.
Sahidullah Munshi, J.
1. This writ petition has been filed challenging an order dated 8th March, 2016, passed by the District Inspector of Schools (S.E.), Cooch Behar, rejecting the petitioner’s claim for grant of higher scale of pay on the basis of his Post-Graduate (M.M.) Degree.
2. The petitioner claims that having qualification Kamil in Arabic with M.M. (Mumtazul Muhaddethin) Degree participated in the selection process of first regional level selection test. On being selected, the Secretary, West Bengal Regional Service Commission, Northern Region, vide his Memo No.512(977)/748/CSTM/Recom/07 dated 1st October, 2008, recommended the candidature of the petitioner for appointment as an Assistant Teacher. A copy of the said recommendation letter dated 1st October, 2008 has been annexed to the writ petition as Annexure P-2. From the said Annexure P-2 it appears that committee for selection of teachers in Madrasahs recommended for appointment of the petitioner as a Pass category candidate in the subject Arabic (Madrasah)/Adv. Arabic/Theology. After such appointment was issued the Secretary of the Madrasah concerned informed the petitioner that he was appointed as an Assistant Teacher in permanent vacancy of the High Madrasah. The petitioner was, therefore, requested to join the Madrasah within seven days from the date of receipt of the said letter of appointment issued by the Secretary of the said Madrasah. In pursuance of such letter of appointment, the petitioner joined the post of Assistant Teacher in Advance Arabic (M.M.) in permanent vacancy on 8th November, 2008. A copy of the joining letter is also annexed to the writ petition at page 46. After the petitioner joined his service, the District Inspector of Schools, by his Memo dated 7th March, 2011, issued approval in favour of various teachers including the petitioner who was appointed as an Assistant Teacher. A copy of the said letter of approval has also been annexed to this writ petition. After such approval was granted by the District Inspector of Schools, the petitioner wrote a letter on 8th June, 2009 being Annexure P-4 to the Secretary of the High Madrasah and prayed for grant of Post-Graduate scale of pay on the ground that although, the petitioner was appointed in the Pass category in Advance Arabic but he completed his M.M. Degree, equivalent to
3. M.A. Degree, before the examination of Madrasah Service Commission. Thepetitioner repeated his prayer for grant of higher scale of pay. He has also annexed a copy of the Resolution adopted by the Managing Committee on 10th June, 2009 wherefrom it appears that the Managing Committee recommended for higher scale of pay. Since the petitioner’s prayer for grant of Post-Graduate (P.G.) scale of pay on the basis of his M.M. Degree was not considered, he filed a writ petition being W.P. No.24472 (W) of 2015 before this Hon’ble Court. The said writ petition was disposed of by one of the Hon’ble Judges of this Court by an order dated 1st December, 2015. Relevant portion of the said order is set out below :
“… as the higher pay scale has not been decided upon by the District Inspector of Schools, in my view, interest of justice would be sub-served by directing the District Inspector of Schools to decide upon the request of the writ petitioner for higher pay scale in accordance with law, preferably within six weeks from the date of communication of this order to him. The District Inspector of Schools will pass a reasoned order, which he will communicate to the writ petitioner forthwith thereafter…”
4. In pursuance of the aforesaid order dated 1st December, 2015, passed by this Hon’ble Court, the District Inspector of Schools heard the matter and passed a reasoned order which has been communicated to the parties by his Memo No.232/5/ESTT dated 8th March, 2016. By the said reasoned order the District Inspector of Schools (S.E.), Cooch Behar has rejected the petitioner’s claim for grant of Post-Graduate scale, inter alia, on t
