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HARISH TANDON, SOUMEN SEN, KAUSIK CHANDA
Utpal Kanti Karan – Appellant
Versus
State of West Bengal – Respondent
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JUDGMENT :
SOUMEN SEN, J.
1. The present reference is arising out of an order dated 22nd August, 2008 passed by the Division Bench of this Court in Smt. Rinku Sarkar vs. State of West Bengal and Others, WP No. 12414(W) of 2008, Srijit Pal vs. State of West Bengal and Others, WP No. 12419(W) of 2008 and Subimal Sinha vs. State of West Bengal and Others, WP No. 12420(W) of 2008.
2. The Division Bench upon noticing conflict between the views expressed in two earlier coordinate bench decisions in Tarak Chandra Roy vs. State of West Bengal and Others, 2008 (2) CHN 973 (in short ‘Tarak’) and the State of West Bengal and Others vs. Sauvik Ghosh and Others, 2008 (1) CLJ (Cal) 810 (in short ‘Sauvik’) formulated the following questions for consideration by the larger Bench:
Encouraging teachers to pursue higher studies and the benefit of higher qualification in providing quality education to students.
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 ....
A Graduate teacher is entitled to a higher pay scale upon obtaining advanced qualifications, regardless of school staff patterns that previously restricted such claims.
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