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2025 Supreme(Online)(Cal) 4075

CALCUTTA HIGH COURT
Ajay Kumar Gupta, J
Gurupada Ghosh – Appellant
Versus
The State of West Bengal – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sandip Ghosh, Adv., Mr. Partha Sarkar, Adv.
For the Respondent/State: Mr. Supriyo Chattopadhyay, AGP, Ms. Sayantani Bhattacherjee, Adv.

Table of Content
1. state argues lack of proper permissions for pay. (Para 6 , 7)
2. court confirms rights based on prior qualifications. (Para 8 , 9 , 10 , 11)
3. writ petition is granted, order is set aside. (Para 12 , 13 , 14)

Heard on : August 06, 2025 Judgment on : August 06, 2025 Ajay Kumar Gupta, J. :

1. Affidavit-of-service, filed in Court today on behalf of the petitioner, is taken on record.

2. The writ petitioner has approached this Court by challenging the order dated April 06, 2009 issued by the O.S.D. & E.O. Joint Secretary, thereby rejected the prayer of the petitioner for higher scale of pay on account of acquiring the M.A. Degree in Bengali.

3. The petitioner was an Assistant Teacher of Bandel Vidyamandir and his prayer was rejected on the ground that he had acquired Higher Qualification without obtaining permission from the D.I. of School.

4. Learned counsel appearing on behalf of the petitioner submits that prior to appearance in the examination, he had prayed for permission from the Managing Committee of the school and by the resolutions of the Managing Committee meeting his prayer was allowed for appearing in the M.A. Examination in Bengali under Burdwan University and

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