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IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY, J.
Amlan Singha - Petitioner
Versus
The State of West Bengal And Ors. – Respondents
WPO No. 616 of 2019
Decided On : 22-02-2024
Enhanced Scale of Pay - Teacher Appointment - Notification No.593 SE(B) dated 27.11.2007 - The court discussed the provisions of the Government Order dated 27.11.2007, which required prior permission for obtaining higher qualification to claim additional increment/higher scale of pay. The court interpreted the notification and held that in the present case, the requirement for prior permission was not applicable as the petitioner had already enrolled and completed a major portion of the MCA course at the time of his induction in service. The court set aside the impugned order and directed the respondent authority to consider the petitioner's case afresh in light of the discussion and necessary documents.
Fact of the Case:
The writ petitioner, a permanent teacher, sought payment of enhanced scale of pay after acquiring a higher qualification. His request was rejected by the Commissioner of School Education, West Bengal, citing non-compliance with the Government Order dated 27.11.2007.
Finding of the Court:
The court found that the requirement for prior permission for enhanced qualification as per the Government Order was not applicable in the present case, as the petitioner had already enrolled and completed a major portion of the MCA course at the time of his induction in service.
Issues: The main issue was whether the petitioner was entitled to the higher scale of pay without obtaining prior permission for enhancing his qualification, as per the Government Order dated 27.11.2007.
Ratio Decidendi: The court held that the requirement for prior permission for enhanced qualification was not applicable in the present case, and directed the respondent authority to consider the petitioner's case afresh in light of the discussion and necessary documents.
Final Decision: The impugned order dated 03.09.2019 was set aside, and the respondent authority was directed to consider the petitioner's case afresh in the light of the court's findings and the necessary documents.
JUDGMENT :
Rai Chattopadhyay, J.
The Court: The writ petitioner is the permanent teacher appointed in Balarampur Abhoy Ashram Naitalim Vidyapith (HS), on 28.08.2008. He has been appointed as against a sanctioned post in the said school.
2. The writ petitioner is aggrieved that allegedly, illegally and arbitrarily his prayer for payment of enhanced scale of pay has been rejected by the Commissioner of School Education, West Bengal vide order dated 03.09.2019, in spite of his acquiring higher qualification.
3. The necessary factual back ground of this case may be narrated in a nutshell as follows:-
At the time of appointment on 28.08.2008 the writ petitioner was qualified with a B.Sc. degree in computer science and B.Ed. However, at the said point of time he was under going the course of Master Degree in Computer Science (MCA). By that time he had already completed all other semesters of the Master Degree (MCA) course excepting the final Semester. At this juncture he got appointment in the school as named above.
4. Before appearing in the 5th Semester of MCA, he sought permission from the concerned school and the school had adopted a resolution on 11.11.2008, granting him permission to appear in the 5th Semester of MCA examination. He was granted study leave by the school authorities for the said purpose. Subsequently, the writ petitioner was qualified in the examination of Masters of Computer Application. After improving his qualification, the petitioner applied before the school authority for grant of higher scale of pay to him vide letter dated 20.07.2009.
5. The Writ Petitioner alleges that though the school authorities have recommended and forwarded his prayer for grant of higher scale of pay to the concerned respondent authority, that is, (District Inspector) seeking permission, the said respondent has not acted in terms of the prayer and such permission has never been granted to the writ petitioner. This has prompted the petitioner to file the first case before this Court which is WP No.289 of 2019. In the same, the Court directed the concerned respondent to consider petitioner’s prayer for grant of enhanced scale of pay.
6. The resultant order is dated 03.09.2019, which is impugned in this case. The Commissioner of School Education, West Bengal has mainly relied on the ground that the writ petitioner has not sought prior permission in terms of Government order dated 27.11.2007. Therefore, he opined that the stipulations in the said Government Order would not allow the writ petitioner to be granted the enhanced scale of pay as claimed, having not obtained higher qualification pursuant to the prior permission granted by the concerned authority. Thus, the prayer of the writ petitioner for grant of higher scale of pay was rejected.
7. The writ petitioner has challenged here the said impugned order dated 03.09.2019. Mr. Jana, learned counsel representing the writ petitioner, has submitted by referring to the averments and documents in the writ petition that at the time of entering into the service with effect from 04.09.2008, the writ petitioner was already enrolled in the MCA course, though he joined the service as a B.Sc. qualified honours’ graduate candidate. According to Mr. Jana, under such circumstances, the provisions under the notification dated 27.11.2007 which has provided for a candidate to prior permission to enhance his qualification whenever he wants to claim additional increment/higher scale of pay, would not be applicable, in case of the present writ petitioner.
8. Mr. Jana has further submitted that after obtaining higher qualification the writ petitioner would be entitled the higher scale of pay and in view of the specific facts and circumstances of the present case, petitioner’s not taking prior permission would not be any hindrance for him to seek and get such a benefit.
9. Mr. Jana has relied on a Division Bench Judgment of this Court in MAT 825 of 2020 with CAN 1 of 2021 (Md. Adeel Uz Zaman versus The State
The main legal point established in the judgment is that the requirement for prior permission for enhanced qualification, as per the Government Order dated 27.11.2007, may not be applicable if the ca....
The main legal point established in the judgment is that a teacher, upon obtaining a post-graduate degree as per the West Bengal Schools (Control of Expenditure) Act, 2005, is entitled to the higher ....
Encouraging teachers to pursue higher studies and the benefit of higher qualification in providing quality education to students.
The court affirmed that teachers are entitled to a higher pay scale upon acquiring higher qualifications, regardless of permission requirements in outdated circulars.
A teacher's entitlement to a higher pay scale cannot be denied due to procedural lapses by the authority, provided the teacher has complied with necessary requirements.
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