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IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Tarak Chandra Roy @ Tarak Chandra Ray – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
RAI CHATTOPADHYAY, J.
The orders of the District Inspector of Schools (SE), Nadia dated April 18, 2017 and July 20, 2017 are under challenge in the instant writ petition.
2. The petitioner’s claim is for higher pay scale pursuant to his Master Degree in Physical Education subject. The same has been turned down by the said respondent authority, by dint of the impugned order, firstly, in view of the provisions under the West Bengal School Service Commission Act, 1997 (in order dated April 18, 2017) and thereafter by dint of the corrigendum letter dated July 20, 2017, thereby relying on the Notification No. G.O.No. 155-SE (B) dated 13.07.1999.
3. The petitioner had joined as an Assistant Teacher in Physical Education in the School on February 18, 2003. Before that he has concluded his qualification of Master Degree in Physical Education through regular course from the University of Kolkata.
4. In such perspective the petitioner has sought for grant of higher pay scale in his favour for the subject of Physical Education which is his relevant subject of the teaching.
5. Much has been dealt with by the various courts with regard to grant of higher pay scale to an Assistant Teacher i
The Court ruled that a higher pay scale is warranted for a teacher qualified with a Master's degree, emphasizing equal pay for equal work as per constitutional provisions.
Point of Law : Pay scale of School Lecturers is available only to those Physical Education Teachers, who possess qualification, as prescribed by NCTE.
The central legal point established in the judgment is the conflicting interpretations of government orders and judgments regarding the entitlement of higher pay scale for teachers with improved qual....
A Graduate teacher is entitled to a higher pay scale upon obtaining advanced qualifications, regardless of school staff patterns that previously restricted such claims.
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 ....
An Assistant Teacher who enhances qualifications may be entitled to a higher pay scale without needing prior permission from the District Inspector if the Managing Committee granted it.
Educational qualifications acquired after appointment can entitle a teacher to a higher pay scale under certain conditions provided by statute.
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