Item No.41

07.01.2026

Court. No. 2

GB

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

WPA 109 of 2025

Sayema Sultana

VS

The State of West Bengal & Ors.

Mr. Sakti Pada Jana,

Mr. Debajit Kundu

… for the Petitioner. Mr. Hirak Barman, Ms. Bedashruti Bose

… for the State.

1. Let the affidavit of service filed in court today be

kept with the record.

2. The petitioner is working as an Assistant Teacher

in Science and Mathematics Group of Mayantali Junior High School since August 26, 2010. At the time of appointment the petitioner was an Honours Graduate in Mathematics. While the petitioner was in service he enrolled himself for pursuing M.Sc. degree course in September 2009 session. The Managing Committee of the school, by its resolution no. 5 dated January 25, 2012, allowed the petitioner to appear in the examination in M.Sc. degree course. The last date of completion of the examination was March 17, 2010 and the

results were published on December 10, 2010.

3. It is not in dispute that prior permission from the District Inspector of Schools was not taken for the purpose of pursuing the M.Sc. degree course.

4. Pursuant to an order dated January 3, 2024 passed in WPA 2129 of 2023, the District Inspector of Schools (SE), Cooch Behar passed an order dated September 26, 2024. By the said order the prayer of the petitioner for higher scale of pay was rejected by applying Clause 3 of GO NO. 593-SE(B)

dated November 27, 2007.

5. Mr. Jana, learned advocate appearing for the petitioner, submits that the Hon’ble Larger Bench in a batch of writ petitions, the lead case being WPA 9921 of 2007 (Utpal Kanti Karan –Vs.- State of West Bengal & Ors.) held that the Government Order dated November 27, 2007 cannot have any statutory force. He submits that the issue as to whether higher scale of pay can be awarded in case a teacher has been appointed after coming into force of the Control and Expenditure Act, 2005, was considered by the Larger Bench and it has been held that such claim cannot be denied merely on the ground of failure to obtain prior permission.

6. Heard the learned advocate for the State on such submission.

7. The Government order dated December 26, 2005 specified the date from which the Honours or Post Graduate teacher can claim higher scale of pay. According to the said G.O. if a teacher has, after joining the post improved his qualification with prior permission of the authority competent to grant such permission, shall, on being successful in the results of the examination (theoretical and practical) for the post graduate degree in the subject relevant to the appointment, be entitled to draw pay of post graduate teacher category from the day next following the last day of such examination.

8. The Hon’ble Larger Bench observed that the G.O.

dated 26th December, 2005 was issued in exercise of power under Section 14(3) of the 2005 Act and it was held that in case of any conflict between the G.O. dated 26th December, 2005 and G.O. dated 27th November, 2007, the order of 26th December, 2005 shall prevail.

9. The Hon’ble Larger Bench in the case of Utpal Kanti Karan (supra) took note of the admission of the Secretary, School Education Department that GO No. 593-SE(B) dated November 27, 2007 has not 4 been published in the “Kolkata Gezette Extraordinary)” and accordingly held that the same cannot have any statutory force.

10. In view of the said observation of the Hon’ble Special Bench, this Court holds that the order passed by the District Inspector of Schools on March 26, 2025 by placing reliance upon the Government Order no. 593-SE(B) dated November

27, 2007, calls for interference.

11. The Hon’ble Special Bench in paragraph no. 181 of the said decision observed that a teacher appointed after the promulgation of the West Bengal School Service Commission Act, 1997, would be entitled to higher scale of pay provided he has acquired such qualification in the relevant subject and the staff pattern permits appointment of a teacher with higher qualification. In par