W.P.A. 16143 of 2021 (CAN 1/2023) 7.3.2025 Kalyan Brata Santra sl. 57 vs sk, ct.25, The State of West Bengal & Ors. Mr. Debajyoti Basu, Ld. Sr. Adv. Mr. K.M.Hossain …for the petitioner. Mr. Masud Karim …for the respondent nos. 10 & 11. 1. The petitioner is an Assistant Teacher now engaged in Jadupur Anchal High School (H.S.) at Malda. He is qualified with the Ph.D.Degree with effect from December 22, 2004 and at the relevant point of time when he has been granted the benefit of two increments on the basis of his Ph.D. Degree, on June 26, 2016, he happened to be an Assistant Teacher in Daulatpur High School (H.S.) at Dakshin Dinajpur/respondent no.7. 2. By dint of an order of the Additional District Inspector of Schools (S.E.), Gangarampur Sub Division at Dakshin Dinajpur dated June 26, 2016. The petitioner has been granted two additional increments due to his qualification in Ph. D. Degree, with effect from the date of convocation of his Ph.D.Degree i.e. December 22, 2004. Since thereafter, the petitioner has been given effect to the said order allegedly 2 erroneously, with effect from the date of the said order, but not being effected from the actual date of his entitlement. 3. Therefore, the petitioner is aggrieved that he should be granted the pay along with the two additional increments starting from December 22, 2004 as per the order of the Additional District Inspector of Schools (S.E.), Gangarampur Sub Divison at Dakshin Dinajpur dated June 26, 2012 and would be entitled to the arrear payment from the said date till June 30, 2012. 4. Since after sending repeated letters to the authorities for releasing such arrear accumulated amount of two additional increments, the petitioner has not received any reply or redress, the present writ petition has been filed, seeking mandatory direction upon the respective authorities for granting the petitioner such arrear. 5. Mr. Basu, learned senior advocate appearing for the petitioner has stated that it is the legal right of the petitioner which is to be adorned with the two additional increments after being qualified in Ph.D.Degree and with effect from the stipulated date. So far as the order dated June 3 26, 2012 as mentioned above, Mr. Basu has supported the same and submitted that the petitioner would be entitled for payment of two such additional increments with effect from the convocation of Ph.D.Degree of the petitioner in terms of the statutory provision. He would further refer to the letters followed thereafter from the office of the Additional District Inspector of Schools (S.E.), Dakshin Dinajpur, that dated August 11, 2021, addressed to the petitioner as well as the Headmaster of Daulatpur High School/respondent no. 7 requesting the school authorities to take necessary steps regarding arrear amount to the petitioner for the period from December 22, 2004 to June 30, 2012. He says that unfortunately no action has yet been taken, thereby the petitioner has still remained deprived of his legitimate claim of arrear of two additional increments with effect from the said relevant date. 6. He also refers to self-calculated tabulation sheet submitted by the petitioner before the concerned authority thereby calculating the total arrear amount to be Rs. 1,14,069/-, from December 4 22, 2004 to June 30, 2012, to be the principal amount of arrear. 7. Mr. Basu seeks a mandatory order directing the concerned respondent to immediately release such amount in favour of the petitioner. 8. None appeared for the respondent State and respondent no. 7, when the matter was called. However, Mr. Karim, learned advocate for the respondent nos. 10 and 11 appeared subsequently, at a later stage of hearing. The respondents have objected to the contention of the petitioner, principally on the ground of his being booked in a criminal proceeding and being in custody, in connection therewith. However, here such a criminal case is being mentioned about, in which the petitioner has been honourably acquitted, after completion of the trial. Therefore, the same should not bear any further relevant in this case. 9. In terms of ROPA 1998, Rules, the petitioner being duly qualified Ph.D.Degree holder/Assistant Teacher would be entitled for grant of two additional increments upon being qualified as above and with effect from the date of convocation of Ph.D. Degree. Therefore, rightfully the Additional District Inspector of 5 Schools (S.E.), Dakshin Dinajpur has passed an order on June 26, 2012 for grant of the said benefit to the petitioner with effect from the specified date i.e. December 22, 2004. Let the relevant portion of ROPA 1998, be extracted as herein below:- “12. Career Advancement Scheme and Related Issues. (5). Secondary Teachers/Headmasters/Head Teachers/Headmasters/Headmistresses with Doctorate degree in the subject taught or in an allied subject shall get two additional increments from the date of the convocation on which such degree is awarded: Provided that those who obtained this degree prior to the date of coming over to the revised scale shall get two additional increments from the date with effect from which they elect to draw pay in the revised scales, provided that they have not already got such additional increments in the earlier pay-revision and provided further that in the later case, pay should be fixed at least at the third stage of the relevant scale of pay”. 10. However, in effect the petitioner has been awarded the benefit from a date much later than the actual date from which he is entitled to. 6 11. Such action on behalf of the respondent/State appears to be in dereliction and violation of the statutory provision and thereby jeopardizing the statutory right of the petitioner illegally and arbitrarily. 12. On consideration as above, this Court has no hesitation to direct the respondent no. 7, Headmaster, Daulatpur High School, Dakshin Dinajpur, to immediately compute the amount of arrear payable to the writ petitioner in terms of order of the Additional District Inspector of Schools (S.E.), Gangrampur Sub-Division, Dakshin Dinajpur dated June 26, 2012, with effect from December 22, 2004. 13. It is further directed that upon computation of the arrear of the amount as above, by the respondent no. 7 and the same being forwarded to the concerned District Inspector of Schools i.e. respondent no. 3 in the present writ petition, necessary steps for release of the said amount to the petitioner shall immediately be taken by the respondent no. 3. 14. It is further mentioned that the petitioner would also be entitled for interest of delayed payment of the arrear dues, for the unreasonable and 7 inordinate delay in payment of the said amount to him. 15. Let therefore an interest, as to the sum of arrear so calculated, be paid at the rate equal to the Savings Bank’s interest rate of a Nationalized Bank, starting from the date December 22, 2004, till date of actual payment of such arrear amount. 16. The entire exercise as above should be completed positively within a period of four weeks from the date of receipt of copy of this order to the offices of the concerned respondent i.e. respondent no. 7 and 3. 17. With the direction as above, the writ petition being No. WPA 16143 of 2021 is allowed and disposed of. 18. Since no affidavit is invited, the allegations contained in the petition are deemed to have been denied by the respondents. 19. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Rai Chattopadhyay, J.) 8