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RAI CHATTOPADHYAY
Ashoka Sadhukhan – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rai Chattopadhyay, J.
1. The petitioner has filed the present case to challenge the order dated November 27, 2012 passed by the Additional District Inspector of Schools, Secondary Education, Basirhat, North 24 Parganas.
2. The subject matter of the writ petition relates to grant of higher scale of pay to the petitioner. The petitioner has stated that she was recommended by the West Bengal Regional School Service Commission, South Eastern Region, Barasat, for being appointed as an Assistant Teacher in Dumdum Girls’ High School (H.S.). By dint of its letter dated April 20, 2005 the petitioner was recommended to be appointed as a pass graduate teacher. The petitioner joined in the said school on April 29, 2005. Her approval was granted vide order dated September 7, 2005 as a pass graduate teacher in Science and Mathematics Group. Since thereafter during serving in the said school, the petitioner has decided to upgrade her qualification and similar prayer was submitted by her before Secretary of the School, vide letter dated August 31, 2006. The school authority has granted permission to the petitioner in terms of her prayer, by dint of the resolution dated September 14, 2006.
3
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.
The court established that inaction by educational authorities cannot deny a teacher's right to a higher pay scale when all procedural requirements have been met.
Encouraging teachers to pursue higher studies and the benefit of higher qualification in providing quality education to students.
Teachers are eligible for higher pay scales upon improving qualifications if prior permission is sought, as clarified by subsequent government notifications.
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 ....
The court affirmed that teachers are entitled to a higher pay scale upon acquiring higher qualifications, regardless of permission requirements in outdated circulars.
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