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 other hand, some of the matter approached before the Hon’ble Supreme Court where notices were issued and upon being apprised of the fact that a Larger Bench is constituted to answer the identical or connected issues, the same may be decided by the Larger Bench. Ultimately, the Larger Bench in a lead case (Utpal Kanti Karan vs. State of West Bengal & Ors.  (2024) SCC Online Cal 2274) along with the several other writ petitions answered the references on February 7, 2024.

3. The Counsel for the State as well as the respondent are uniform in their submissions that once the Larger Bench has decided the references one of which is a question involved in the instant appeal, the instant appeal can be disposed of on the basis thereof. In order to find out whether the question involved in the instant appeal is one of the questions being a reference before the Larger Bench it would be apposite to narrate salient facts and the point involved in the instant appeal.

4. The respondent herein acquired the Graduate degree in B.Sc (Bio) Pass in the year 1995 and further successfully completed the B.Ed degree course in the year 1997. Subsequently, he acquired a B.P. Ed degree from Banipur under Calcutta University in 1998 and further acquired a Master Degree in Physical Education (M.P. Ed) in the year 2000-01 which was a regular 2 years course. Pursuant to the advertisement published by the School Service Commission for recruitment to the post of an Assistant Teacher in Physical Education, the Respondent no. 1 offered his candidature and was selected for appointment in Ganeswari Devi Hemangini School (HS) as an Assistant Teacher in Physical Education. The said appointment which was initially provisional was duly approved by the District Inspector of School. In the year 2001, the respondent made a representation to the School Authority for study leave between the period from 1^st March, 2001 to 30th March, 2001 which was duly accorded and the resolution in this regard was also sent to the District Inspector of School. After obtaining the Post- Graduate Degree in Physical Education, a representation was made to grant him the Post-Graduate scale of pay which was rejected by an order dated 3.9.2014. The Respondent no. 1 approached this Court by filing a writ petition and the Single Bench held that since the respondent acquired the Master Degree qualification in the year 2001 much prior to coming in force of the West Bengal Control of Expenditure Act, 2005, the authorities cannot reject the prayer for higher scale of pay in commensurate with the Master Degree and directed the authorities to extend such benefit on and from the last day of the examination for higher qualification.

5. As indicated above because of the uncertainty in the several decisions rendered by this Court, t