JUDGMENT :

OM NARAYAN RAI, J.

1. The petitioner is aggrieved by an order dated May 4, 2021 for rejection of her claim for post graduate scale of pay passed by the Additional District Inspector of Schools (Secondary Education), Uluberia Sub-Division, Howrah whereby the petitioner’s claim for higher scale of pay (post graduate scale) has been declined.

2. It may be recorded that despite a direction for filing affidavit-in-opposition having been passed as far back as on November 10, 2021, no affidavit-in-opposition has been filed by the Respondents till date.

3. The petitioner was appointed as an assistant teacher in Siberhan High School (H.S.) on July, 2011. At the time when the petitioner was appointed, the petitioner was holding a degree of B. A. (Hons.) in Education and the petitioner was already enrolled in a post graduate course being the course of Master of Arts in Education under the Rabindra Bharati University.

4. To be precise the petitioner’s date of enrollment, as is evinced from the enrollment certificate of the petitioner is November 4, 2010. The petitioner completed her post graduate course in the year 2013, upon passing the examination therefor, which was held in the year2012.

5. Having obtained such post graduate qualification the petitioner made a claim for higher scale of pay i.e. the post graduate scale of pay. The petitioner’s request for such post graduate scale of pay was forwarded by the school authorities to the Additional District Inspector of Schools (Secondary Education), Uluberia Sub-Division, Howrah under the cover of the school authorities letter dated February 19, 2019.

6. Despite the request of the petitioner having been forwarded to the said Additional District Inspector of Schools (S. E.) when the same remained unresponded, the petitioner approached this court by filing a writ petition being WPA 2745 of 2021 which was disposed of by an order dated 9^th March, 2021 thereby directing the Additional District Inspector of Schools (Secondary Education), Uluberia Sub-Division, Howrah to dispose of the petitioner’s request by a reasoned order within a period of eight weeks from the date of such order.

7. It was only thereafter that the Additional District Inspector of Schools considered the petitioner’s claim and rejected the same by the impugned order dated May 4, 2021. The reason which weighed that the Additional District Inspector of Schools (S. E.) in rejecting the petitioner’s claim is as follows:

“It appears that as per provision of Para 3 of order no. 593-SE (B) dated 27.11.2007, prior permission is required for claiming higher scale of pay and the petitioner, though have the scope to seek permission from the competent authority for continuing her studies. But she did not.”

8. Mr. Jana, learned advocate appearing for the petitioner submits that the order impugned in the writ petition is not worth its salt on at least three counts. Firstly, he draws the attention of the court to an Hon’ble Division Bench judgement of this court rendered in the case of Md. Adeel Uz Zaman Vs. The State of West Bengal & Ors. (MAT 825 of 2020 with CAN 1 of 2021) where it has been held that if a candidate has already enrolled himself prior to his appointment and that he had already participated in Part I examination and successfully completed it, he is not required to obtain any prior permission to enroll himself for the purpose of appearing in the future examination for enhancement of his education qualification as contemplated in clause 3 of the Government Order dated 27^th November, 2007.

9. Mr. Jana submits that the present writ petitioner is entitled to claim parity with the appellant in the aforesaid case of Md. Adeel Uz Zaman (supra) inasmuch as in the case at hand as well, the writ petitioner had enrolled herself in the post graduate course prior to her being appointed in service.

10. Secondly, Mr. Jana further relies on the Hon’ble Full Bench judgement of this court in the case of Utpal Kanti Karan Vs. State of West Bengal