7.4.2025 WPA 12683 of 2017 (CAN 1/2024, CAN 2/2024) Ct.25.sl.71 Paban Adhikari -vs-State of West Bengal & Ors. sk Mr. Rezaul Hossain Mr. Parvez Hossain …for the petitioner. Mr. Anirban Saha …for the respondent no. 5. Mr.Biswabrata Basu Mallick, Ld. AGP Ms. P.Roy Choudhury …for the State. An order of the District Inspector of Schools, (Secondary Education), Siliguri dated March 20, 2017 is under challenge in the instant writ petition. The petitioner is a B.A.(Honours) category Assistant Teacher, who has been appointed in the School on November 15, 2005. Before appointment, the petitioner had enrolled himself for the Master’s Degree Course in the relevant subject and completed Part-I Examination thereof. After appointment, the petitioner, with due permission from the competent authority i.e. the School Managing Committee, has taken part in 2 Part-II Examination of the Master’s Degree Course and completed in 2008. The School Authority has approved and recommended the petitioner’s prayer for grant of higher pay scale vide resolution dated January 20, 2017 and its recommendation has been duly forwarded to the respondent/District Inspector of Schools(S.E.), Siliguri. Mr. Hossain, learned advocate appearing for the petitioner has expressed grievance of the petitioner that in spite of such recommendation of the School Managing Committee and without consideration of the same, the impugned order dated March 20, 2017 has been passed by the District Inspector of Schools (S.E.), Siliguri. He seeks that the said order may be set aside. The State respondent is represented. The law in this regard is now well settled in terms of the pronouncement of judgment of the Larger Benche of this Court, in case of Utpal Kanti Karan-vs-State of West Bengal 2024 SCC Online Cal 1274. Relevant portion thereof may be quoted, as herein below:- 273(g)-“If a teacher has partically completed higher study before entering service he/she would come under purview of G.O.No. 1595-SE(S) dated 3 26th December, 2005 and the question of taking permission from DIS-SE concerned would not arise”. Thus, the law well settled in the way as above. It is necessary that the competent authority re-visits the decision in the light of the law settled as discussed above. For the reason as above, the rationale as cited and relied on by the State respondent in the impugned order dated march 20, 2017 appears to be not in-conformity with law and the said impugned order dated March 20, 2017, therefore, is liable to be set aside. In such view of the fact it is found proper to dispose of the present writ petition with the following directions:- i) The impugned order of the District Inspector of Schools (S.E.), Siliguri dated March 20, 2017 is set aside; ii) Let the respondent no. 2/Commissioner of School Education (S.E.), Government of West Bengal consider afresh the petitioner’s prayer for grant of higher pay scale, pursuant to his higher qualification, in the light of the settled law as discussed above; 4 iii) In doing so, he shall afford opportunity of hearing to the writ petitioner as well as the respondent and pass a reasoned order; iv) The exercise as above shall be concluded by him, within a period of six weeks from the date of communication of copy of this order. The writ petition is disposed of. Since no affidavit-in-opposition has been called for in this case, all allegations made in this writ petition are deemed to have been denied by the concerned respondent. Urgent Photostat certified copy of this order if applied for, be given to the parties upon compliance of all formalities. (Rai Chattopadhyay, J.)