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IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Prasanta Bera – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
RAI CHATTOPADHYAY, J.
1) An order of Director of School Education (Now, Commissioner of School Education), West Bengal dated July 27, 2006 is under challenge in the instant writ petition. By dint of the same, the said authority has rejected the petitioner’s prayer for grant of higher pay scale, pursuant to his M.P.Ed. qualification.
2) The fact in brief in this case is that, the petitioner was appointed in the school on August 1, 2001 after being recommended for appointment by School Service Commission. At the time of appointment, the petitioner was qualified with B.Com, B.P.Ed degrees. At the time of his appointment, the petitioner was a regular student of M.P.Ed. Part-II in Kalyani University and without hampering classes, he completed M.P.Ed. degree. He was allowed study leave with full pay for appearing in M.P.Ed examination by the West Bengal Board of Secondary Education. After being qualified in M.P.Ed. degree, the petitioner has sought for higher pay scale to be granted to him, in terms of Government Notification No. 417-SE(B) dated July 8, 2000 (in short, Notification No. 417)
3) According to the petitioner, he would be eligible for the post-graduate scale of pay wit
Teachers are eligible for higher pay scales upon improving qualifications if prior permission is sought, as clarified by subsequent government notifications.
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.
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.
The terms and conditions of service of a teacher shall not be varied to his or her disadvantage, and the scale of pay allowed to candidates is person-specific rather than post-specific.
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 ....
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