WPA 11413 of 2013 Suvendu Bikash Saha-vs- The State of West Bengal 29.07.2026 ct.652, sl.6 sk Mr. Subir Sanyal, Ld. Sr. Adv. Ms. Sumouli Sarkar Mr. Sourojit Mukherjee …for the petitioner Ms. Mary Datta( Through V.C.) Mr. Jagannath Chatterjee …for the State 1. The petitioner’s grievance in this writ petition is with regard to non-payment of Honours/Post Graduate scale of pay to him commensurate to his enhanced qualification and in compliance with the provisions under ROPA 2009. 2. Mr. Sanyal, learned senior counsel appears for the petitioner. 3. Ms. Datta, learned advocate appears for the State. 4. On perusal of record it transpires that the petitioner was qualified from Bidhan Chandra Krishi Viswavidyalaya in four year degree programme of B.Sc (Agriculture Honours). He has been granted degree of Bachelor of Science in Agriculture with Honours on 10th April, 2008. 5. The petitioner thereafter joined service in Nimgoria Dakshinapada High Schools (H.S.) on and from 22nd June, 2009. 2 6. The petitioner’s approval letter annexed at page 52 of the instant writ petition depicts that the qualification of the petitioner has been recorded therein as “B.Sc with Agriculture”. 7. The petitioner’s grievance is with regard to such erroneous consideration of his qualification as well as grant of lower pay scale to him. 8. Mr. Sanyal, learned senior counsel has pointed to the fact that in spite of being qualified with the Honours Graduate Degree, the petitioner has not been provided with appropriate scale of pay since after joining the service. He has further referred to the specific provision in ROPA 2009 which shows that Assistant Teacher with Honours Degree including B.Sc Agriculture, is entitled to Honours scale of pay with appropriate pay and grade pay in terms thereof. 9. Mr. Sanyal, learned senior counsel has also referred on judgment of this Court in WPA 6650 of 2015 dated 9th July, 2024, in which on the basis of the similar factual background the Court has directed to grant post graduate scale of pay and consequential benefits to the petitioner therein. 10. On the basis of all the facts and circumstances of this case as above, Mr. Sanyal, learned senior counsel insists that the present petitioner may be 3 directed to be granted with the Honours Post Graduate Scale of Pay in terms of ROPA 2009, pursuant to his qualification of Honours Degree in Agriculture. 11. The records available before this Court entirely corroborates with what has been submitted on behalf of the petitioner as discussed in detail above. 12. It is further noted that the petitioner has made a comprehensive representation before the Director of School Education as well as the District Inspector of Schools (S.E.), Birbhum on 11th March, 2013 and sought for appropriate relief. 13. The Court is prima facie of the opinion that in view of the petitioner’s qualification and degree, the provisions under ROPA 2009 and the earlier judgment of this Court in WPA 6650 of 2015 as mentioned above, he appears to be entitled to the benefit as he claims for. However, since the representation is pending and not considered yet by the respondent authority, let the instant writ petition be disposed of with the direction that the respondent no. 4/the District Inspector of Schools, Secondary Education, Birbhum, should consider and dispose of the petitioner’s prayer in the representation dated 11th March, 2013, in a time bound manner, positively within four weeks from 4 the date of communication of this order and in the light of the materials and judgment as mentioned above. 14. In doing so, the D.I. shall afford reasonable opportunity of hearing to the petitioner and consider any document and/or judgment the petitioner desires to rely on. 15. Needless is to mention that in the case of D.I. considers the petitioner’s prayer for grant of higher scale of pay favorably, he shall take immediate appropriate steps for re-fixation of pay scale of the petitioner and release of all consequential benefits to him. However, otherwise, the D.I. shall pass a reasoned order and also communicate the said order to the petitioner within one week from its date. 16. With the direction as above, the present writ petition is disposed of. 17. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities. (Rai Chattopadhyay, J.) 5