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RAI CHATTOPADHYAY
Partha Pratim De – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rai Chattopadhyay, J.
1. The petitioner has challenged the order of the District Inspector of Schools (SE), North 24 Parganas [herein after referred to as “DI”], dated July 6, 2020, in the present case. By dint of the same, the said DI/respondent No.3 has declined the petitioner’s prayer for grant of higher pay scale, pursuant to his Master’s Degree (M.A. in English) qualification.
2. The reasons shown by the respondent No.3/DI in the said impugned order, to reject the petitioner’s prayer for grant of higher pay scale is the alleged violation of the provisions of the Notification No.548-SE(S) dated June 24, 1997 [herein after referred to as “No. 548”], and also the provisions contained in the Government Notification No.155-SE(B) dated July 13, 1999 [herein after referred to as “No.155”] .
3. The respondent No. 3 has recorded in the impugned order that the petitioner has failed to comply with the provisions in the Government Notification No. 548, in as much as he has not taken any prior permission from the respondent No. 3, through the managing committee of the school, before enrolment and appearing in the examinations.
4. Secondly, it has further been stated that as per Gover
Teachers are eligible for higher pay scales upon improving qualifications if prior permission is sought, as clarified by subsequent government notifications.
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 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 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....
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are entitled to a higher pay scale upon acquiring higher qualifications, regardless of permission requirements in outdated circulars.
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