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2016 Supreme(Cal) 612
IN THE HIGH COURT AT CALCUTTA
SAHIDULLAH MUNSHI, J.
MD. GOUSUL AZAM – Petitioner
Versus
STATE OF WEST BENGAL & ORS. – Respondents
W.P. No.19430(W) of 2016
Decided On : 07-12-2016
For the Petitioner: Mr. Biswaroop Bhattacharyya, Mr. Golam Mohiuddin
For the Respondent: Mr. Jaharlal De, Mr. Somnath Banerjee
A teacher appointed in the Pass category with a higher qualification is not entitled to a higher scale of pay unless he is recruited against the vacancy meant for Post-Graduate Degree holders.
Headnote:
POST GRADUATE SCALE OF PAY - MADARASAH EDUCATION - WEST BENGAL SCHOOLS (CONTROL OF EXPENDITURE) ACT, 2005, SECTIONS 14(2), 14(3) - Whether a teacher appointed in the Pass category with a higher qualification is entitled to a higher scale of pay.
Fact of the Case:
The petitioner, a teacher in a senior Madrasah, was appointed in the Pass category with a higher qualification (M.M. Degree) and sought a Post-Graduate scale of pay. The District Inspector of Schools rejected his prayer, relying on Section 14 of the West Bengal Schools (Control of Expenditure) Act, 2005, and a Government order clarifying that teachers recruited against the vacancy meant for Post-Graduate Degree holders are entitled to the Post-Graduate scale of pay.
Finding of the Court:
The court held that the petitioner, having opted for the Pass category scale of pay despite having a higher qualification, cannot claim a higher scale of pay. The court also held that the provisions of Section 14 of the West Bengal Schools (Control of Expenditure) Act, 2005, and the Government order clarifying the same, do not allow for switching over from the Pass category to the Post-Graduate category unless one is recruited against the vacancy meant for Post-Graduate Degree.
Issues: 1. Whether a teacher appointed in the Pass category with a higher qualification is entitled to a higher scale of pay. 2. Whether the provisions of Section 14 of the West Bengal Schools (Control of Expenditure) Act, 2005, and the Government order clarifying the same, allow for switching over from the Pass category to the Post-Graduate category.
Ratio Decidendi: 1. A teacher appointed in the Pass category cannot claim a higher scale of pay merely because he had a higher qualification on the date of his initial appointment. 2. The provisions of Section 14 of the West Bengal Schools (Control of Expenditure) Act, 2005, and the Government order clarifying the same, do not allow for switching over from the Pass category to the Post-Graduate category unless one is recruited against the vacancy meant for Post-Graduate Degree.
Final Decision: The writ petition was dismissed.
Sahidullah Munshi, J.
1. This writ petition has been filed challenging the decision of the District Inspector of Schools (S.E.), Cooch Behar rejecting the petitioner’s prayer for grant of Post-Graduate scale of pay.
2. The petitioner has stated that having qualification Kamil in Arabic with M.M. Degree he applied for the post of Assistant Teacher in Arabic/Theology in Senior Madrasah. The petitioner participated in the selection process of 1st Regional Level of Selection Test (AT) 2007. In the said selection process the petitioner was selected for being appointed as Assistant Teacher in Arabic/Theology subject in a senior Madrasah in the Pass category having qualification M.M. The petitioner was issued a Memo dated 1st October, 2008 by the member secretary committee for selection of teachers in Madrasah addressed to the secretary of the Madrasah concerned. On the basis of the result of the 1st Regional Level Selection Test 2007 and on the basis of option exercised by the selected candidate, namely, the petitioner herein, in the counseling, the committee recommended the name of the candidate mentioned in the said memo for appointment against regular vacancy in the post of Assistant Teacher in Arabic (Madrasah) Adv. Arabic/Theology. After his appointment the District Inspector of Schools (S.E.) Cooch Behar issued a Memo on 24th December, 2008 whereby the petitioner’s appointment in Arabic (Madrasah) Adv. Arabic/Theology in the Pass category was approved with effect from 6th November, 2006. Such order of approval is borne out from page 55 of the writ petition. In the said order of approval the District Inspector of Schools mentioned that scale of pay would be given to the petitioner as per G.A. Rules. The grievance of the petitioner is that, although, he possessed the qualification M.M. and he was appointed with the qualification M.M. with Kamil Degree, the authority has purportedly allowed the petitioner to enjoy a Pass category scale, i.e., Rs.3,800/- – 7775/- instead of Rs.6,000/- – 12,000/- even after January 1, 2009 when a circular came to that effect. It has been stated by the petitioner that as per Memo No.215-ME dated 20th September, 2007 issued by the Director of Madrasah Education, the teacher having qualifications M.M./M.F./M.U. (revised) (i.e., with Kamil Degree) is entitled to enjoy scale of pay of Rs.6,000 – 12,000/- and as per notification no. 1040-MD dated 17th July, 2008 issued by the Minority Affairs and Madrasah Education Department, Government of West Bengal, the M.M. qualification obtained from 1980 onwards have been declared as equivalent to Post-Graduate Degree and subsequently, by Memo No.150-MD dated 30th January, 2009 the Minority Affairs and Madrasah Education Department fixed the scale of pay for teachers holding qualification M.M. with effect from 1st January, 2009. Accordingly, the petitioner made representation on 7th September, 2015 for grant of post graduate scale for his M.M. Degree. The said representation has been annexed to the petition being Annexure P-4. From a Memo dated 28th December, 2010, issued by the District Inspector of Schools (S.E.), Cooch Behar, addressed to the Secretary/Headmaster of the High Madrasah concerned it appears that the said District Inspector of Schools declined to include the M.M. qualification of the petitioner in the approval of appointment of the petitioner. The said representation being not considered by the concerned authority the petitioner filed a writ petition being W.P. No.25880 (W) of 2015 before this Hon’ble Court which was finally disposed of by an order dated 13th October, 2015 and by the said order the District Inspector of Schools (S.E.), Cooch Behar was directed to consider and decide the representation of the petitioner filed on 7th September, 2015 in pursuance of the said order passed by this Court. The District Inspector of Schools (S.E.), Cooch Behar heard the matter on 29th February, 2016 and communicated his order dated 8th March, 2016
