Educational qualifications acquired after appointment can entitle a teacher to a higher pay scale under certain conditions provided by statute.

THE STATE OF WEST BENGAL & OTHERS BEFORE: THE HON’BLE JUSTICE SAUGATA BHATTACHARYYA For the Petitioner : Mr. Ujjal Ray Mr. Atreya Chakraborty For the State : Mr. Tapan Kumar Mukherjee, Ld. AGP Ms. Sangeeta Roy Heard on : 14.08.2025 Judgment on : 14.08.2025 SAUGATA BHATTACHARYYA, J.:

1. Affidavit-of-service filed on behalf of the petitioner is taken on record.

2. Petitioner having Honours graduate degree in Nutrition subject was recommended vide memo dated 16^th June, 2011 for being appointed as Assistant Teacher in higher secondary section in Midnapore Town School (HS), Paschim Medinipur (hereinafter referred to as “said school”). Pursuant to such recommendation dated 16^th June, 2011 petitioner joined the post of Assistant Teacher on 25^th July, 2011 and the District Inspector of Schools (SE), Paschim Medinipur being respondent no. 4 accorded approval of appointment vide memo dated 29^th September, 2011. Initially petitioner was appointed for a period of two years and thereafter petitioner was retained substantively vide memo dated 22^nd April, 2014 issued by respondent no.4 as an Assistant Teacher in said school. Petitioner at the time of appointment was possessing Honours graduate degree and was sanctioned Honours graduate scale of pay. Petitioner made prayer through said school authority for enrolling herself with Vidyasagar University for undergoing higher course of study in order to obtain post graduate qualification in Nutrition. On scrutiny respondent no. 4 granted prior permission permitting the petitioner to undergo higher course of study in terms of Government Order dated 27th November, 2007. Petitioner completed higher course of study and obtained post graduate degree in Nutrition and thereafter prayer was made before respondent no. 4 for sanction of post graduate scale of pay.

3. Respondent no. 4 by issuing memo dated 24^th September, 2024 rejected the prayer of the petitioner seeking grant of post graduate scale of pay and said memo dated 24th September, 2024 is questioned by presenting this writ petition.

4. Learned advocate representing the petitioner submits in terms of Section 3(4) of the West Bengal Schools (Control of Expenditure) (Amendment) Act, 2016 [for short, “said Act of 2016] she is entitled to enjoy post graduate scale of pay and respondent no. 4 misreading relevant provisions of said Act of 2016 denied right of the petitioner to receive post graduate scale of pay.

5. State respondents are represented by Mr. Tapan Kumar Mukherjee, learned Additional Government Pleader, who has made submission to defend the decision of respondent no. 4 whereby petitioner was refused to get the benefit of post graduate scale of pay.

6. It is strenuously argued by Mr. Mukherjee that Section 3(4) of the said Act of 2016 stipulates that the concerned teacher is not entitled to claim any additional increment or higher scale of pay for any qualification other than the minimum qualification specified for such post and in the present case since at the time of appointment of the petitioner she was possessing Honours graduate qualification same needs to be treated as minimum qualification. As such, petitioner is not entitled to receive post graduate scale of pay by enhancing her educational qualification subsequent to appointment.

7. For better understanding of the issue involved in this writ petition, Section 3(4) of the said Act of 2016 is quoted below:-

for sub-section (3), the following sub-section shall be substituted :-

“(4)

be entitled to draw pay meant for Post-graduate “(3) Every teacher appointed for classes XI and XII, shall qualification and shall not be entitled to claim any additional increment or higher scale of pay for any qualification other than the minimum qualification specified for such post.

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8. In the pres