IN THE HIGH COURT AT CALCUTTA
OM NARAYAN RAI
Moumita Bhattacharjee – Appellant
Versus
State of West Bengal – Respondent
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 year20
A teacher's entitlement to a higher pay scale cannot be denied due to procedural lapses by the authority, provided the teacher has complied with necessary requirements.
Encouraging teachers to pursue higher studies and the benefit of higher qualification in providing quality education to students.
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 ....
The court established that inaction by educational authorities cannot deny a teacher's right to a higher pay scale when all procedural requirements have been met.
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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