WPA 4092 of 2020 12.3.2025 Arman Ali Mondal-vs-The State of West Bengal & Ors. ct.25, sl.116 sk Mr. Dwarika Nath Mukherjee Mr. Biswarup Biswas Mr. Pradip Kr. Ghosh ….for the petitioner. Mr. Supriyo Chattopadhyay Mr. Sabyschi Mondal ….for the State. 1. The issues involved in the present writ petition is now settled by dint of the judgment of the Hon’ble Larger Bench in the case of Utpal Kanti Karan-vs-State of West Bengal 2024 SCC Online Cal 1274. Let the relevant portions thereof be quoted as hereinbelow: - “273(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”. 2. The petitioner being an appointee through the School Service Commission joined in his post as the Assistant Teacher on December 19, 2011. Before entering into the service, he had enrolled himself in the Master’s Degree course and commenced his curriculum. He thereafter completed his Master’s Degree Course in Mathematics while in service and the last date of his examination was on July 09, 2012. In the meantime, he duly applied before the School Managing Committee for grant of permission and the permission was accorded to him by the School Managing Committee. Recommendation to that 2 effect has been sent by it to the office of respondent/District Inspector of Schools, (Secondary Education), North 24-Parganas. 3. The permission of the said authority has however, never reached the desk of the petitioner. 4. Finally, after completion of the Master’s Degree Course in the relevant subject, the petitioner has claimed for grant of higher pay scale to him. His prayer was declined by dint of the impugned order dated September 20, 2019 on the grounds that the petitioner has failed to comply with the provisions of G.O.No. 593/SE (B), dated November 27, 2007. 5. In other words, the said respondent authority has taken the grounds that the petitioner has never obtained prior permission of the District Inspector of Schools, before enrolling himself to pursue the M.Sc. Course in Mathematics subject. 6. As stated earlier the issues have been elaborately dealt with and finally decided by the Hon’ble Larger Bench in the judgment as mentioned above. In a case like that of the writ petitioner, it has been held that prior permission of D.I., for enrolling the name for the higher course, would not be an imperative criteria, for granting him the commensurate higher pay scale. 7. In such view of the matter, the impugned order dated September 20, 2019 by the Additional 3 District Inspector of Schools, (Secondary Education), Bongaon, North 24-Parganas appears to be not in coherence with the law settled in this regard. 8. Hence, the same is set aside being illegal. 9. The present writ petition is disposed of by directing the respondent no. 3 to grant higher pay scale to the writ petitioner with effect from the date, following the last day of his M.Sc. Examination in Mathematics subject. 10. Let the re-fixation of pay to the petitioner be made effective immediately and arrear salary be paid to him forthwith. 11. The entire exercise as above shall be completed within a period of four weeks from the date of communication of copy of this order. 12. With the above observations and directions the writ petition being WPA 4092 of 2020 is disposed of. 13. Since no affidavit is invited, the allegations contained in the petition are deemed to have been denied by the respondents including the private respondents. 14. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Rai Chattopadhyay, J.)