1 26.03.2025. 59 Ct.No.654. WPA 3595 of 2022 SoumenMondal Vs. State of West Bengal &Ors. Md. Manuwar Ali. …for the Petitioner. Sk. Md. Galib, Ld. Sr. Govt. Adv., Ms. Jyotsna Roy Mukherjee. …for the State. 1. This is the third round of litigation. At this stage, the petitioner has filed the present writ petition to challenge the legality and justifiability of the order dated October 4, 2021, issued by the Director of Madrasah Education, West Bengal, in compliance with the order dated February 14, 2020, passed in WP 12173 (W) of 2017. 2. Since 2007, the petitioner has been locked in a legal battle to secure a higher scale of pay due to the improvement of his qualifications in the subject relevant to his teaching. 3. The petitioner participated in the selection process i.e. 7th Regional Level Test, 2006 which was initiated by the concerned Regional School Service Commission to fill up the posts of Assistant Teacher in different schools under that region. Upon being emerged as successful candidate, the petitioner’s name was recommended for the post of Assistant Teacher in Science Group (Chemistry) in Manikchak High Madrasah. He joined in that school and his appointment was approved on February 6, 2008. 2 4. Before entering into the service, he was pursuing the M. Sc. degree in Bio-chemistry which is a subject relevant to his teaching. After joining he obtained permission from the school authority to pursue the degree and the school authority granted such permission after following the required formalities. The intimation was also given to the District Inspector of Schools that he was pursuing that course. However, no such permission was accorded by the District Inspector of Schools. He completed that course on June 23, 2008. Thereafter, he approached the competent authority for grant of higher scale of pay but the issue raised by him was left unattended for several years, prompting him to approach this Hon’ble Court with a writ petition being W.P. No.19681 (W) of 2014, which was disposed of by a co- ordinate Bench of this Court by directing the Secretary to the Government of West Bengal, Education Department to take decision with regard to the petitioner’s claim for higher scale of pay. Subsequently, the Secretary took his stance that it does not fall within his jurisdiction to take such decision and accordingly, the petitioner again approached this Hon’ble Court by preferring another writ petition being WP 12173(W) of 2017, which was disposed of, directing the Director of Madrasah Education, Government of West Bengal to take a decision on the petitioner’s claim for higher scale of pay in accordance with law. 5. Mr. Galib, learned counsel representing the State respondents, submits that any teacher on any educational institution can improve his qualification taking permission from the Managing Committee and if the qualification is 3 improved in such manner, that qualification will not confer any right upon that teacher to claim any financial benefit and this issue has been dealt with in a circular vide No. 1595-G. However, if any teacher improved his qualification to obtain the financial benefit, i.e., higher scale of pay from the State, he is required to obtain prior permission from the D.I. of Schools concerned and such prior permission from the D.I. of Schools concerned is mandatorily required as a pre-condition for obtaining higher scale of pay for improvement of qualification. Such legal position would be reflected from the order vide G.O. No. 593-SE(B) dated 27.11.2007. 6. Heard the learned advocate appearing for the respective parties and perused the materials on record placed before me. 7. This issue is no longer res integra. In WPA 9921 of 2007 along with WPA 303 of 2023 (Utpal Kanti Karan & Ors. vs. State of West Bengal & Ors.), the Hon'ble Special Bench of this Court, while answering the reference, specifically held that if a teacher has partially completed higher study before entering service, he/she would come under the purview of the order issued vide G.O. No. 1595-SE dated 26.12.2005. In such cases, the question of seeking permission from the concerned D.I. of Schools would not arise. This proposition was laid down by the Hon'ble Special Bench after considering Circular No. 593-SE(B) as well as G.O. No. 1595-G. The Hon'ble Special Bench further held that since Circular No. 593-SE(B) was not published in the Official Gazette, it cannot have any statutory force. 4 8. Subsequently, based on this judgment, similar issues have been resolved in several intra-court appeals by different Hon'ble Division Benches of this Court, directing the respondents to grant a higher scale of pay in accordance with the judgment passed by the Hon'ble Special Bench. The judgment of the Hon'ble Special Bench is binding upon me, as is the judgment of the Hon'ble Division Bench cited before me. 9. An argument was raised on behalf of the State respondents, stating that the Managing Committee presented the matter to the concerned D.I. of Schools nearly six years after the petitioner obtained the degree. However, the petitioner's claim for a higher scale of pay has neither been rejected nor denied on the grounds of the belated submission of the petitioner’s request for a higher scale of pay by the Managing Committee. 10. The petitioner’s claim for higher scale of pay was turned down solely on the ground that the petitioner did not take prior permission before obtaining the M.Sc. Degree. 11. Undeniably, the petitioner was pursuing M.Sc. in Bio- Chemistry, which is a subject relevant to his teaching, before entering into the service. After taking permission from the Managing Committee of the school he completed the course. Intimation was given to the D.I. of Schools. The Hon’ble Special Bench has categorically held that in like case, no permission from the D.I. of Schools is required. Therefore, taking note of these factors, I am of the considered opinion that there cannot be any impediment in granting higher scale of pay to the petitioner. 5 12. In view thereof, the order rejecting the petitioner’s claim for higher scale of pay cannot stand and accordingly, the order dated 04.10.2021 is set aside. Respondent no. 5 herein is directed to grant higher scale of pay to the petitioner in terms of the order of the Hon'ble Special Bench from the date of last examination dated 23.06.2008 within a period of 12 weeks from the date of receipt of the copy of this order and shall go on paying the current salary accordingly. 13. Thus, with the above observations and directions, WPA 3595 of 2022 stands disposed of. 14. There shall be no order as to costs. 15. Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities. (ParthaSarathiChatterjee, J.)