WPA 18690 of 2021 Smt. Barnali Sinha nee Smt. Barnali Sinha(Nag) -vs- State of West Bengal & Ors. 28.8.2026 sl.nos. 2 ct.652 Mr. Bidhayak Lahiri Ms. Bhaswati Lahiri …for the petitioner Mr.Arka Bhattacharya Mr. Banshi Badan Maity …for the State. 1. The issue involved in the instant writ petition is that for grant of higher pay scale to the petitioner concluding upon her enhancing qualification of Masters’ Degree (in Physics). 2. The brief factual aspect involved in the instant case that the petitioner was inducted in the service on and from October 29, 1997 as a B.Sc. Honours in Physics B.Ed. Teacher. After her induction and with permission of the School Managing Committee, the petitioner enrolled herself for Masters’ Degree Course and finally concluded her Masters’ Degree in the year 2009. Since thereafter the School has been approving her prayer for grant of higher pay scale and sending its recommendation to the office of the respondent/District Inspector of Schools, Secondary Education, Howrah, the representation being annexed at page 21 of the writ petition (Annexure P-5) dated September 3, 2009. 3. The petitioner’s grievance is that since thereafter the respondent/D.I. has never considered the petitioner’s application for grant of higher pay scale. 2 4. The contention of respondent/D.I. is that due to non-availability adequate and appropriate documents, no order in this regard could be passed by him. 5. Having heard the learned advocate for the parties respectively and having perused the materials on record, the Court finds that the petitioner’s prayer is justified and legible to be allowed following the ratio of the various decision of this Court including that of the Hon’ble Larger Bench held in Utpal Kanti Karan vs. State of West Bengal reported in 2024 SCC Online Cal 1274. 6. The Larger Bench has been pleased to deliver a judgment on the same on 07.02.2024. The relevant portion of which may be quoted as hereinbelow:- 7. “272.f) In respect of Anupak Santra (supra) and Chandra Bhusan Dwivedi (supra) we are of the view that the date of convocation is not relevant for the purpose of entitlement to higher scale of pay. The relevant date would be the declaration and/or publication of results and the teacher should be entitled to draw pay of post graduate teacher category in terms of Government Order No. 1595-SE(S) dated 26th December, 2005. (g) If a teacher has partially completed higher study before entering service he/she would come under purview of G.O. No. 1595-SE(S) dated 26th December, 2005 and the question of taking permission from DIS-SE concerned would not arise”. 8. Let therefore, this writ petition be disposed of by directing the respondent no.3/District Inspector of Schools (S.E.), Howrah to immediately consider and decide as regards representation of the School dated September 3, 2009 in the light of the law now 3 settled pursuant to the Judgment of the Hon’ble Larger Bench as mentioned above. 9. In this regard the Court is also inclined to refer the judgment dated April 11, 2025 in WPA 4604 of 2021 in which, as against the similar factual background the Court has decided in favour of the petitioner by granting higher pay scale to her from an appropriate date, in terms of the judgment ratio of the Larger Bench is above. 10. In the process, let the respondent/D.I. afford reasonable opportunity of hearing to the petitioner as well as the school authority, and pass a reasoned order in accordance with law, positively within a period of six weeks from the date of communication of copy of this order. 11. The writ petition WPA 18690 of 2021 is disposed of. (Rai Chattopadhyay, J.)