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IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Himadri Sekhar Das – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rai Chattopadhyay, J.
1. In this writ petition the petitioner has challenged the order of the Commissioner of School Education, West Bengal/respondent No. 2 dated February 22, 2019.
2. The respondent No.2 has delivered the said order in compliance with the directions of this Court dated November 13, 2018, passed in writ petition No. 13424 (w) of 2017 (Himadri Sekhar Das vs. State of W.B. & Ors.). The Commissioner of School Education/respondent No. 2, has held therein that the petitioner did not obtain any prior permission from the District Inspector of Schools, Secondary Education, Purba Medinipur (hereinafter referred to as DI)/respondent No. 3, before enrolment in the course of M.Sc. Degree and appearing in the examinations therefor. Hence, it has decided that the petitioner has obtained the Post Graduate qualification without the prior permission of the respondent No. 3/DI, which has been held to be in clear violation of Para 3 of the G.O. No. 593-SE(B) dated November 27, 2007 (hereinafter referred to as No. 593). Therefore, the Commissioner of School Education/respondent No. 2 has held that in terms of Para 3 of No. 593, the petitioner would not be entitled for grant o
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.
Teachers are eligible for higher pay scales upon improving qualifications if prior permission is sought, as clarified by subsequent government notifications.
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 ....
Encouraging teachers to pursue higher studies and the benefit of higher qualification in providing quality education to students.
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.
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