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IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Kali Krishna Das – Appellant
Versus
State of West Bengal – Respondent
| Table of Content |
|---|
| 1. objections regarding pay fixation and qualifications. (Para 2 , 3 , 4) |
| 2. petitioners argue for increments based on training delays. (Para 5 , 6 , 7) |
| 3. state's defense highlighting training completion requirements. (Para 8 , 9 , 10) |
| 4. court's interpretation of training extension notifications. (Para 11 , 12 , 13 , 14) |
| 5. court's decision aligns with prior judgments. (Para 15 , 16) |
| 6. final order granting benefits to petitioners. (Para 17 , 18 , 19) |
JUDGMENT :
RAI CHATTOPADHYAY, J.
1. Since prayers in all the writ petitions as mentioned above are similar in nature, those have been heard analogously and are being disposed of by dint of the instant common judgment as follows:-
2. The pay fixation statement of the writ petitioners dated May 06, 2019 has been objected to by the Assistant Director, Dte. of A/Cs (SE), Hooghly commenting thereupon as below:-
“Objection: It appears from the SV & other relevant documents that the pay fixed at 14340/- on 1.7.2006 needs to be reviewed & pay of the incumbent needs to be recast in the light of GO. No. 759 SE (S) dated 30.07.2009 read with 30 SE (B) dated 10.02.2010, 118 SE (S) dated 06.02.2018 & 806 SE (S) dated 08.07.2007.
Overdrawn i
Untrained teachers are entitled to salary increments and benefits upon completion of training despite delays caused by external circumstances, emphasizing equal treatment under educational regulation....
A Para Teacher improperly denied benefits under governmental notifications due to administrative delays retains rights entitled under these notifications.
Increment dates for employment benefits are determined by actual joining dates, with no relief for administrative delays in clarifications.
The court established that qualifications obtained before a specified date must be recognized for pay scale determination, ensuring fairness in employment practices.
Court directed respondent authorities to ensure benefit provision compliant with prior rulings under Bihar Litigation Policy.
Teachers are eligible for higher pay scales upon improving qualifications if prior permission is sought, as clarified by subsequent government notifications.
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