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 scale of pay, and technicalities should not override justice.

JUDGMENT :

Rai Chattopadhyay, J.

1. The writ petitioner is the teacher of Marbedia High School. She is aggrieved with the order of the District Inspector of Schools, Secondary Education, Purulia dated 27.06.2017, refusing her the benefit of higher scale of pay, pursuant to the higher qualification obtained by her.

2. Mr. Lakshminath Bhattacharya, learned counsel for the writ petitioner refers to the G.O. No. 593-SE (B) dated 27.11.2007, to submit that the same would not be applicable in case of his client, in so far as the writ petitioner had already enrolled for M.A. course, before joining in the service. Application of provisions of Government Order dated 27.06.2017, in case of his client is erroneous, he says.

3. Therefore, according to him, rejection of the prayer of the writ petitioner for higher grade of scale would be unreasonable, illegal and unsustainable.

4. Mr. Suman Dey, learned counsel is representing the State. He has candidly submitted that the law in this regard has already been settled by this Court.

5. For the rest, he has left the matter at the discretion of the Court.

6. The factual background is required to be stated, in a nutshell. The petitioner joined in service on 04.07. 2011, as a Honours/Post Graduate category candidate.

7. Before that, in 2010, she has qualified in Part I examinations of the M.A. degree course. She completed her Part-II examination in M.A. degree course on 18.07.2012, that is, after joining in the service and thereafter, submitted her prayer for enhancement of pay scale, before the appropriate authority on the basis of the higher qualification obtained.

8. She had faced sufficient drudgery and delay by the respondent authority in disposing of her prayer as above, for which she sought for intervention of this Court by filing writ petition being W.P. No. 3087 (W) of 2017.

9. Be that as it may, final concomitant is the impugned order dated 27.06.2017 of the respondent authority, in which the respondent authority records its finding that as the writ petitioner did not seek prior permission to obtain higher qualification, pursuant to G.O. No. 593-SE (B) dated 27.11.2007, she would not be entitled to any higher scale of pay.

10. Let the relevant provision of the West Bengal Schools (Control of Expenditure) Act, 2005, be quoted, as herein below, that is section 14 (3) thereof [now amended vide West Bengal Schools (Control of Expenditure) (Amendment) Act, 2016):

"(14) Scale of pay etc. of teacher:

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(3) Every teacher of a school shall, if appointed in the Honours' Graduate or Post Graduate teacher category, be entitled to draw pay of Post-graduate teacher category, upon acquiring Post-graduate degree, in the manner as may be specified by order."

11. Therefore, the law postulated for grant of post graduate scale of pay to a teacher who was appointed as an honours' graduate candidate, upon his acquiring post-graduate degree. The writ petitioner joined in service on 04.07.2011. By that time, the G.O.No. 593-SE (B) dated 27.11.2007 was promulgated and in vogue. The mode for grant of higher scale of pay to a teacher, upon improving his qualification, has been provided there under, in the following words:

“1. All the teachers teaching in different State Aided Schools will have to take prior permission from the Managing Committee/Ad hoc Committee/Administrator as the case may be to enrol themselves and to appear for any examination for enhancement of educational qualification. The Managing Committee being Competent Authority in such cases will take a decision in its next meeting and convey its decision to the teacher concerned immediately. A copy of the decision of the Managing Committee will be forwarded to the office of the Dl of Schools (SE) of the concerned district.

2. The applicant-teacher thereafter, will, if necessary, apply for Leave/Special Leave/ Study Leave as the case may be (along with the resolution of Managing Committee), to the West Bengal Board of Secondary Educa