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IN THE HIGH COURT AT CALCUTTA
HARISH TANDON, PRASENJIT BISWAS
State of West Bengal – Appellant
Versus
Mrinal Kanti Kumar – Respondent
JUDGMENT :
HARISH TANDON, J.
1. The instant appeal arises from a Judgment and order dated 4th September, 2018 passed by the Single Bench in WP No. 5026 (W) of 2015 by which the authorities were directed to grant higher scale of pay to the petitioner from the date following the last date of examination for higher qualification in accordance with law. The State filed the said appeal way back in the year 2019.
2. At the relevant point of time, there were divergent opinions expressed by the several Benches of this Court on the core issue, some of the views which were taken on the entitlement of the teacher acquiring a higher scale of qualification to be governed by the provision contained in the West Bengal Control of Expenditure Act, 2005; whereas the other views were that in the event the higher qualification is acquired prior to coming into force the said Act, in absence of any expressed intention, it cannot operate retrospectively. Because of the uncertainty prevailed at the relevant point of time, the other Benches referred the matter to the Hon’ble Chief Justice to constitute a Larger Bench by framing questions to be answered so as to bring uniformity and/or certainty in law. On the
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.
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....
Encouraging teachers to pursue higher studies and the benefit of higher qualification in providing quality education to students.
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