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2023 Supreme(Cal) 940

DEBANGSU BASAK, MD. SHABBAR RASHIDI
West Bengal (Government and Sponsored) Polytechnic Teachers’ Association (Formerly West Bengal Polytechnic Teachers’ Federation) – Appellant
Versus
State of West Bengal – Respondent


Advocate Appeared:
For the Appellants :Mr. Samim Ahammed, Ms. Gulsanwara Pervin, Ms. Ambiya Khatun Advocates
For the Respondent:Mr. Tapan Kumar Mukherjee, Sr. Advocate & A.G.P. Mr. Pranab Halder, Ms. Tuli Sinha

JUDGMENT :

DEBANGSU BASAK, J.

1. The writ petitioners assail an order dated April 4, 2014 passed by the West Bengal Administrative Tribunal in O.A.322 of 2012.

2. By the impugned order, the Tribunal was pleased to negate the claim for modified career advancement scheme as prayed for by the writ petitioners.

3. The claim was negated by the Tribunal on the ground that, the condition of participation in a refresher course was introduced by the All India Council for the Technical Education (AICTE) and was incorporated in Government Order dated October 24, 2007 as well as in Government Order dated September 13, 2010. The Tribunal noted the Government Order dated November 28, 2011 which spoke of grant of benefit of selection grade notionally with effect from the date of entitlement even without participation in the training programme as laid down in the Government Order dated September 13, 2010. The Tribunal agreed with the contention that it was not mandatory for the State Government to accept all recommendations of AICTE in regard to pay scale or other conditions of service in their entirety

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