824W/2012 on 4 June, 2013

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The Reformatory Schools Act, 1897
Section 14 in The Reformatory Schools Act, 1897
the Drugs (Control) Act, 1950
The Bengal Districts Act, 1836 ]
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Kolkata High Court (Appellete Side)

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824W/2012 on 4 June, 2013

ugc

Author: Prasenjit Mandal

deemed university

cut off date

affiliation of university

higher pay
ph.d

04.06.2013 W.P. No.824 (W) of 2012 g.b. Mr. Ekramul Bari,

due process
study leave

Mr. S.S. Mondal.

state of west bengal

"after the cut off date"

... for the petitioner.

west bengal board of

secondary education

Mr. Deb Narayan Roy.

xerox

... for the respondent nos.1 to 3.

education west bengal

aided school
managing committee
doctypes: judgments

Heard the learned Advocates of both the sides. This application is at the relevent subject
instance of a teacher and is filed for enhancement of pay on increase of affiliation of universities
Ph.D. degree in the relevant subject.

doctypes:judgments
managing committee
section 14

The petitioner was appointed assistant teacher in the Chanchal doctypes:judgments

Siddheswari Institution, District - Malda on July 19, 1993 in the Science deb narayan
group. At the time of appointment his qualification was recorded as
B.Sc. honours in Zoology. Thereafter, on increase of the qualification of M.Sc. in Zoology, the
petitioner was allowed to draw the Post Graduate scale of pay w.e.f. December 12, 1993.
Thereafter he obtained the Doctorate degree in Zoology i.e. in the relevant subject in the year
2008 and then he applied for enhancement of pay i.e. for two additional increments for his Ph.D.
degree which was rejected by the concerned District Inspector of Schools (SE) on the ground that
the prayer for additional increments could not be considered in terms of the Government Order.

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No.593- SE(B) dated November 27, 2007. Being aggrieved by such order of the District Inspector
of Schools (SE), Malda, this application has been preferred.
2
Now, the question is whether the petitioner is entitled to get two additional increments as prayed
for on the ground of obtaining the Ph.D. degree in the relevant subject. Upon hearing the learned
Counsel for the parties and on going through the materials on record, I am of the opinion that the
prayer of the writ petitioner has been rightly rejected in view of the Government Order
Nos.548-SE(S) dated June 24, 1997 & 593-SE(B) dated November 27, 2007. The petitioner may
enhance his qualification accordingly to his choice, but, in case of drawing additional increments,
he has to follow certain rules and regulations as described in the Government Order dated
November 27, 2007. For convenience, the said order is quoted below:"The School Education Department, Government of West Bengal considers it necessary to
publish an order specifying the manner in which a teacher appointed in Honours Graduate/Post
Graduate scale of pay will be entitled to claim any additional increment and higher scale of pay
upon acquiring Post Graduate or any Higher diploma, Degree under Section 14(3) of the West
Bengal Schools (Control of Expenditure) Act, 2005.
1. All the teachers teaching in different State Aided Schools will have to take prior permission
from the Managing Committee / Ad-hoc Committee/Administrator as the case may be to enroll
themselves and to appear for any examination for enhancement of educational 3
qualification. The Managing Committee being 'Competent Authority' in such cases will take a
decision in its next meeting and convey its decision to the teacher concerned immediately. A copy
of the decision of the Managing Committee will be forwarded to the office of the D.I. of Schools
(SE) of the concerned district.
2. The applicant-teacher thereafter, will, if nec3essary, apply for Leave/Special Leave/Study
Leave as the case may be (along with the resolution of Managing Committee) to the West
Bengal Board of Secondary Education (Which is the Competent Authority in this case) through
the Managing Committee of the Schools.
3. The teacher is required to seek prior permission of concerned District Inspector of Schools (SE)
(only when he/she wants to claim additional increment/higher scale of pay etc. for obtaining
such higher qualification) through the Managing Committee of the School.
4. Provided further that no such permission can be granted on any ground to any teacher who has
entered the service/joined the school with Graduate Degree and with a graduate scale of pay
[Any Managing Committee of any school recommending such case and of any District Inspector
of Schools granting such prayer will be treated as an 4

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'Offender' under West Bengal Schools (Control of Expenditure) Act, 2005.]

5. The course to be studied should be relevant to the subject studied in Undergraduate
Honours/Post Graduate Course of the Applicant Teacher and none other. The Deemed
University/University etc. conducting the examination must be affiliated to UGC.
6. Prayers from teachers who have already secured higher qualification observing the
procedure mentioned above and who have submitted his/her claim to concerned District
Inspector of Schools whit a complete set of papers like certificate, resolution of Managing
Committee etc. before the introduction of West Bengal Schools (Control of Expenditure) Act,
2005 may be considered only by the District Inspector of Schools (SE) with the approval of
Director of Schools Education, West Bengal only after examining the staffing pattern, vacancy
positions etc. of the schools concerned.
7. No such prayer for higher scale of pay from any teacher with Graduate Degree and Graduate
scale of pay at the time of entry into service/joining the schools will be entertained no matter
whether he/she has secured this higher qualification before or after introduction of West
Bengal schools (Control of Expenditure) Act, 2005.
5
8. Henceforth, no permission will be accorded for securing higher qualification for obtaining
higher scale of pay to any Assistant Teacher and/or to any Assistant Teacher over 50 years of
age serving in any Junior High Schools or any schools respectively.
9. This order will replace all earlier orders published in this matter before the date of coming into
effect of West Bengal Schools (Control of Expenditure) Act, 2005, 1565-SE(S) dated 26.12.2005
also stands modified."
Thus, from the above order it is clear that the concerned teacher is required to seek prior
permission of the concerned District Inspector of Schools (SE) by due process of law only when
he/she wants to claim additional increments/higher scale of pay, etc., for acquiring such
higher qualification. In the instant case, as per materials on record, the petitioner was awarded
the Ph.D. degree at the time of convocation for the said purpose held on March 11, 2008 and then
he applied for increase of two additional increments. Mr. Ekramul Bari, learned Advocate
appearing for the petitioner has contended that since the students of the concerned school are
likely to be benefited for increase of qualification in the relevant subject in view of the several
decisions of this Hon'ble Court, the petitioner is entitled to two additional increments and, in
fact, the Managing Committee forwarded the resolution of the Managing Committee for the
aforesaid purpose on October 3, 2008 and so, the prayer of the petitioner should have been
allowed.

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6
Mr. Bari has relied on the decision dated July 4, 2012 passed in W.P. No.4532 (W) of 2012
whereby it has been directed to grant two additional increments to the petitioner for his doctoral
degree in the relevant subject with effect from the date when such doctoral degree was awarded to
the teacher in the convocation.
He has also contended that the State of West Bengal preferred an appeal being MAT No.802 of
2012 against the order of dismissal of a writ petition in respect of the additional increments for
awarding the Ph.D. degree and the Appellate Court granted the prayer for two additional
increments from the date of convocation. Situation is similar to the present one. He has also
referred to the decision dated February 7, 2013 passed in W.P. No. 2705 (W) of 2013 by another
Single Bench of this Hon'ble Court whereby, relying on the decision of W.P. No.4532 (W) of 2012,
the prayer for additional increments was allowed on acquiring the doctoral degree. On the other
hand, Mr. Deb Narayan Roy, learned Advocate appearing for the State of West Bengal has
referred to the aforesaid Government Order 593-SE(B) dated November 27, 2007 and the Order
No.548-SE(S) dated June 24, 1997 wherein it has been clearly indicated that all the teachers
teaching in different State-aid schools will have to take prior permission from the District
Inspector of Schools (SE) through the Managing Committee/Ad-hoc Committee/Administrator
as the case may be if they like to enroll themselves and to appear for the examination conducted
through Correspondence/Distance Mode of education from the UGC- 7
affiliated Universities for claiming additional increment and higher pay under Section 14(3) of
the West Bengal Schools (Control of Expenditure) Act, 2005. For the purpose of study leave, a
teacher has to approach to the West Bengal Board of Secondary Education through the
Managing Committee of the School.
Thus, he has submitted that the prayer of the writ petitioner should be rejected for
non-compliance of the Government Order dated November 27, 2007. Having due regard to the
submissions of the learned Advocates of both the sides and on perusal of the materials on record,
I find that in the case of W.P. No.4532 (W) of 2012 the matter in dispute was with regard to the
Government Order dated January 5, 2012 relating to the Section 14(3) of the West Bengal
School (Control of Expenditure) Act, 2005. Relying on the aforesaid decision, the other learned
Single Judge has passed a similar order in the W.P. No.2750 (W) of 2013. So far as the appeal
being MAT No.802 of 2012 is concerned, the similar matter i.e. the West Bengal Schools
(Control of Expenditure) Act, 2005 was under consideration and the Appellate Court has held
that since the decision dated July 4, 2012 of W.P. No.4532 (W) of 2012 was not under challenge
before the higher forum and the said order was implemented, the order dated July 4, 2012 has
become final. Thus, I find that the said three decisions are related to the matter in dispute
concerning the West Bengal Schools (Control of Expenditure) Act, 2005 relating to cut off date

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of August 18, 2005 for grant of incremental benefits. And 8

nowhere it has been discussed whether the respective writ petitioners had taken any permission
from the Managing Committee and then from the concerned District Inspector of Schools (SE) to
pursue their Ph.D. degree. So the question of taking the permission was not an issue in the
aforesaid three matters referred to by Mr. Bari. In the instant case, there is no material to show
that the Managing Committee had granted any prior permission to pursue the Ph.D. degree on
condition that such study would not hamper the teaching profession of the writ petitioner in the
concerned school. Similarly, the petitioner did not file any material to show that he sought for
permission from the concerned District Inspector of Schools (SE) through the Managing
Committee for acquiring the doctoral degree. So, the concerned District Inspector of Schools had
no scope to consider at all whether the petitioner pursued the doctoral degree on permission and
the teaching of the petitioner in the said school was hampered or not for the study.
Accordingly, I am of the view that the Government Order No.593-SE(B) dated November 27,
2007 is very much relevant for consideration of grant of higher scale of pay or increments on
acquiring the doctoral degree in the instant case. So far as enrollment for Ph.D. in 2001 is
concerned, at that time the Government Order No.548-SE(S) dated June 24, 1997 was in vogue
and for convenience, the said Government Order is set out below:"The undersigned in directed by the order of the Governor to say that henceforth all the teachers
9
teaching in different state-aid schools will have to take prior permission from the District
Inspector of Schools (SE) through the Managing Committee, Ad-hoc Committee/Administrator
as the case may be if they like to enroll themselves and to appear for the examination conducted
through Correspondence/Distance Mode of education from the UGC-affiliated Universities. The
managing committee of the concerned School shall send such cases to D.I. (SE) for approval
along with their commences, including, inter alia, the relevance of the subject of higher studies
and also whether such higher studies are likely to affect the duties of the teacher in the school."
So, the petitioner did not comply with the Government Order dated June 24, 1997. So the
contention of Mr. Bari is that as the registration had been done in 2001 no permission was
required, cannot be accepted.
In order to claim certain legal rights, the petitioner is required to follow certain legal duties which
he did not obey. Accordingly, I am of the view that the decisions referred to by Mr. Bari are quite
distinguishable from the present one and for that reason these decisions will not apply in the
instant case. So, the writ petitioner cannot get the benefits of the aforesaid decisions referred to
by Mr. Bari. Accordingly, I am of the view that the District Inspector of Schools (SE) has rightly
rejected the prayer for two additional increments for obtaining the Ph.D. decree in view of the

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Government Order No.593-SE(B) dated November 27, 10

2007. In that view of the matter, the petitioner is not entitled to get any of the reliefs as prayed for
in the writ petition. Accordingly, the application is dismissed. However, there will be no order as
to costs. Urgent xerox certified copy, if applied for, be given to the learned counsel for the
petitioner upon compliance of necessary formalities.
(Prasenjit Mandal. J.)

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