Item.

20.06.2025 ssi WPA 6815 of 2022 Ct. 551 Partha Sarathi Gayen -vs-

The State of West Bengal & others.

Mr. Sakti Pada Jana Mr. Subhajyoti Das Mrs. Sudipta Pramanik ….for the petitioner Mr. Subhas Jana …for the School Authority Mr. Supriyo Chattopadhyay Mr. Suman Dey …for the State

1. The writ petitioner is aggrieved by the order dated November 26, 2021 passed by the District Inspector of Schools (S.E.) Kolkata (hereafter “the D.I.”) whereby the D.I. has rejected the petitioner’s claim for higher scale of pay (Post Graduate Scale of Pay) on the ground that the petitioner has not taken prior permission from the District Inspector of Schools before getting “enrolled himself in M.A. Course or appearing in M.A. Part-I and Part-II examination as per G.O. No. 548-SE ( dated 24.06.1997)”.

2. The petitioner joined the school at the post of Assistant Teacher in English on or about October 6, 1991. At the relevant point of time, the petitioner was having the degree of Bachelor of Arts. (with Honours in English). While in service, the petitioner got enrolled in a Master’s Degree course in English upon taking prior permission from the School Authorities by his letter dated December 4, 2003.

3. The Managing Committee of the School in its meeting held on December 23, 2003 adopted a resolution thereby approving the petitioner’s pursuit of Master’s Degree in English “for the betterment of the Student of Behala High School (H.S.) as early as possible”.

4. Thereafter under the cover of a letter dated April 4, 2005, the Managing Committee of the School forwarded the resolution adopted by the said Managing Committee to the District Inspector of School with a request to grant permission to the petitioner to obtain Post Graduate Degree in English. The D.I. did not respond to the request made by the School Authorities.

5. The petitioner ultimately completed his Masters Degree upon duly qualifying in the examination held therefor in December 2006.

6. After the petitioner had obtained the Master’s Degree, the petitioner applied to the School Authorities for enhancement of the petitioner’s pay scale i.e. the petitioner sought post graduate scale of pay. The Managing Committee of the School sanctioned the petitioner’s request for enhancement of the petitioner’s pay (i.e. grant of post graduate scale of pay) in its meeting held on July 18, 2007 and thereafter recommended the petitioner’s case for Post Graduate Scale of pay to the D.I. under the cover of the School Authorities’ letter dated July 26, 2007.

7. The D.I. did not take any decision on such request made by the School Authorities and still remained in active.

8. Since the D.I. did not respond to the request made by the School Authorities for sanctioning higher scale of pay to the petitioner upon enhancement of the petitioner’s qualification, the petitioner made a representation through his learned advocate on January 27, 2020 requesting the D.I. to take appropriate steps. The D.I. did not budge even then.

9. The petitioner therefore approached this Court by filing a writ petition being WPA 2747 of 2020. The said writ petition being WPA 2747 of 2020 was ultimately disposed of by this Court by an order dated September 23, 2019 (Sic, “September 23, 2021”) thereby directing the D.I. to take a decision on the prayer of the petitioner based on the papers forwarded by the authority of Behala High School on July 6, 2019 within a period of twelve weeks from the date of communication of the said order.

10. In due deference, to the said order dated September 23, 2021, the D.I. took up the petitioner’s case for higher scale of pay and rejected the same by an order dated November 26, 2021 observing as follows:

“ In the instant case, petitioner obtained M.A. degree from Rabindra Bharati University through Distance mode of education and no such prior permission was taken from the District Inspector of Schools (S.E.) concerned by the petitioner before enrolled himself in M.A. course or appearing in M.A. part-I & part-II Ex