31 23.6.2025 Ct. No. 8 SB FMA 1064 of 2019 The State of West Bengal & Ors. Vs. Srikanta Chakraborty & Ors. Mr. Pinaki Dhole, Mr. Avishek Prasad … for appellants Mr. Debabrata Karan Ms. Sabita Khutia (Bhunya) … for the respondents. 1. 1. Mr. Prasad, learned counsel appearing on behalf of the appellants has fairly submitted that the issues raised in the appeal has been covered by the Special Bench Judgement authored by one of us (Soumen Sen, J.) in paragraph 273(a) of WPA 9921 of 2007 [Utpal Kanti Karan vs. State of West Bengal & Ors.]reported in 2024 SCC OnLine Cal 1274 which reads as follows;- “273. On the basis of the aforesaid discussion we answer the reference in the manner following: a) Enhancement of pay on acquisition of higher qualification during the service career is dependent upon the relevant rules operating at the time of acquisition of higher qualification and cannot be claimed as a matter of right in absence of Rules. For example, a teacher joined the school with a pass graduate degree and during his service career the teacher enhanced his qualification and claimed higher scale of pay on the basis of the said degree. The said claim has to be decided on the basis of the relevant rules existing at the time of his acquiring higher qualification. If he has joined the school with a pass graduate degree after the government circular dated 12th February, 1999 he would not be entitled to post graduate scale of pay unless the teacher is covered by the Government Order No. 735-SE (S) / SP-132/2002 as revised by the Circular No. 134-SE (S) dated 3rd November, 2004. Any other interpretation would encourage a back door entry. A teacher upon acquiring higher qualification can always compete in the 2 recruitment process for a post commensurate with the higher qualification and, therefore, the question of stagnation does not arise. However, the State shall formulate a scheme for incentives to teachers who may have joined the school with a pass graduate degree but enhanced his / her qualification with the permission of the Managing Committee and the D.I. irrespective of the staff pattern as such incentive would encourage teachers to perform better and it will act as a cushion against stagnation.” 2. We have also gone through the materials on record and we find that the issues raised in this appeal are covered by the aforesaid sub paragraph of paragraph 273. 3. Hence, the appeal stands dismissed without any order as to costs. (Soumen Sen, J.) (Smita Das De)