Extracted from the PDF above. The PDF is authoritative.
WPA 27804 of 2024
Pratima Paul-vs- The State of West Bengal& Ors.
29.07.2026 ct.652, sl.18
sk Mr. Sakti Pada Jana Mr. Subhojyoti Das …for the petitioner
1. Affidavit of service filed by the petitioner in Court today is taken on record.
2. The instant writ petition is filed by the petitioner expressing her grievance as regards non-payment of post graduate scale of pay in her favour.
3. She has stated to be entitled in accordance with law, as she has obtained to the post graduate pay scale, higher qualification of Master Degree.
4. Fact remains that the petitioner, before inducted in service with effect from 28th September, 2005, was enrolled in Master Degree Course
through correspondence course, for the Sessions 2004-2006. After entering into service, with due permission from the school authority, she ultimately continued in the course and completed the same in the month of December
2006. She appeared in the final examination for M. Sc. Course and stood qualified the same in 2007(26th July, 2007).
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5. It is further noted that the petitioner has been appointed and discharging duty as a Science Group Teacher in higher secondary section of the School.
6. Having being failed to get redress as regards non- grant of post graduate pay scale, the petitioner, through her learned advocate, sent a demand justice letter dated 19th September, 2024, addressed to the respondent/District Inspect of Schools, Secondary Education, Kolkata. The same is yet to be taken up for
consideration by the addressee.
7. The issue involved in the writ petition is now well settled through various judgments of this Court.
8. In the factual background as it is in the present case, the Court has held time and again that, in terms of the amended provision of the West Bengal School (Control & Expenditure) Act, 2005 a teacher, particularly when she has been appointed as a teacher for the higher secondary section, would be eligible for grant of higher pay scale.
9. In such circumstances, let this writ petition be
disposed of with the direction upon the respondent no. 3/the District Inspector of Schools, Secondary Education, Kolkata, to immediate take up the representation sent on behalf of the petitioner dated 19th September, 2024 and consider the same in the light of the law settled as on date.
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10. The State respondent would conclude the exercise as above, in a time bound manner, positively within four weeks from the date of communication of this
order.
11. In doing so, the respondent shall afford reasonable opportunity of hearing to the petitioner and allow her to rely on the documents/rules/judgments as she may desire to do.
12. It is needless to mention that in case the respondent finds the petitioner’s prayer to be allowed, immediately necessary consequent steps shall be taken up, for re-fixation of her pay scale and payment of arrear. Only otherwise the State respondent shall pass a reasoned order and communicate the same to the petitioner within one week from its date.
13. With the direction as above, the present writ petition is disposed of.
14. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.
(Rai Chattopadhyay, J.)
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