IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION Appellate Side Present:

The Hon’ble Justice Ajay Kumar Gupta WPA 11485 (W) of 2015 Ambika Charan Majhi Versus The State of West Bengal and Others For the Petitioner : Mr. T. P. Halder, Adv.

For the State : Mr. Supriyo Chattopadhyay, Adv.

Ms. Iti Dutta, Adv.

Heard on : 13.01.2025 Judgment on : 28.02.2025 Ajay Kumar Gupta, J:

1. The writ petitioner herein has prayed for a direction upon the respondent authorities particularly, respondent No. 4 for allowing Higher Scale of pay to the Petitioner on acquiring higher qualification of Honours degree from his initial appointment dated 7th October, 1988 and allow him cash benefit for the period 7th October, 1993 to

1st May, 2002 and also consequential relief thereof.

2. The background facts, which led to filing of this writ petition, may be adumbrated as under: -

3. The Petitioner was appointed as Assistant Teacher of a High School in the district of Purba Medinipur, i.e. Pichhabani Baniniketan High School in Social Science group. The Petitioner also holds an honours graduate degree in B.Com. (Hons), B.A. (Special) History and Bengali with B.Ed. Degree as such he prayed for higher scale of pay, which was duly submitted by the School Authorities after adoption of the resolution and forwarded the relevant document to the concerned District Inspector of Schools (SE) being Respondent No. 4 for taking decision on the entitlement of the Petitioner for higher scale of pay.

4. The Respondent No. 4 had not done anything pursuant to the recommendation made by the School Authorities; the Petitioner herein had moved a Writ Petition in the year 2005 before this Court being WP No. 12312 (W) of 2005.

5. After hearing, a Single Bench of the this Court vide order dated 06th September, 2005, inter alia, directed the Respondent No. 3, District Inspector of Schools, of the said writ petition to consider the claim of the petitioner for grant of higher scale of pay on acquiring higher qualification of Honours degree in the relevant teaching subject without any further delay but positively within a period of four weeks from the date of communication of the order after giving the petitioner an opportunity of being heard and also taking note of the relevant rules and regulations as are applicable.

6. The respondent authority, however, in spite of notice to the petitioner on twice occasions, did not comply with the order of this Court passed in aforesaid writ petition.

7. That being the position of inaction or non-action on the part of the respondent authority, the writ petitioner filed another Writ Petition in the year 2009 being W.P. No. 23459 (W) of 2009.

8. After hearing the parties, the Single Bench of this Court further directed vide order dated 08.02.2013, inter alia, as follows:

“I again direct the respondent no. 3 herein, i.e.

the District inspector of Schools (SE), Purba Medinipur to consider the claim of the petitioner for grant of higher scale of pay positively within a period of four weeks from the date of the communication of the order after giving the petitioner as well as the school authorities an opportunity of being heard and to intimate his decision to the petitioner as well as the school authorities within a week thereafter. The time frame fixed by this order must be regarded as peremptory.

The District Inspector of Schools (SE), Purba Medinipur will also permit the petitioner to cite earlier decisions of this Court passed under similar circumstances at the hearing. Needless to say, that while passing this direction for consideration of the claim of the petitioner, the Court has not expressed any opinion about the eligibility of the petitioner or his entitlement to the claim he makes. That is left to be decided by the respondent no. 3 in accordance with the rules and regulations governing the field.”

9. In pursuant to the said order dated 08.02.2013, D.I. of Schools (SE), Purba Medinipur after hearing the Petitioner, passed a final order on 08.