34 rkd 02.01.2025 Ct.18 W.P.A. 29138 of 2024 Sandip Kumar Pal -vs- The State of West Bengal & Ors. Mr. Md. Manuwar Ali, Ms. Moumita Kar Naskar ….for the petitioner. Mr. Arindam Chattopadhyay, Ms. Lipika Chatterjee ….for the State. Affidavit-of-service filed on behalf of the petitioner is taken on record. Petitioner prays for sanction of arrear dues for the period from 12th May, 1999 till 13th September, 2007 for acquiring M.Sc. degree in Physics. In support of such contention reliance is placed on an order dated 20th September, 2013 passed by a coordinate Bench on a writ petition being WPA 23749 of 2013 (Sandip Kumar Pal –vs- The State of West Bengal & Ors.). In the order dated 20th September, 2013 petitioner was directed to be sanctioned higher scale of pay for acquiring postgraduate qualification and according to the petitioner the District Inspector of Schools (SE), Murshidibad vide memo dated 7th May, 2014 sanctioned postgraduate scale of pay in favaour of petitioner with effect from 12th May, 1999. It is submitted by the learned advocate representing the petitioner that petitioner worked in one school upto 13th September, 2007 and thereafter joined with effect from 14th September, 2007 in another school being a teacher under postgraduate category in recognition of his postgraduate qualification. On appointment of the petitioner in the second school on 14th September, 2007 he was sanctioned postgraduate scale of pay. However, it is contended since petitioner was already sanctioned postgraduate scale of pay with effect from 12th May, 1999 in connection with his service in first school there is requirement to refix pay of the petitioner in connection with petitioner’s service in the second school with effect from 14th September, 2007 apart from release of arrear dues for the period from 12th May, 1999 to 13th September, 2007. State respondents are represented by learned advocate who has made an attempt to impress upon this Court that there are certain reasons for not releasing arrear dues in favour of the petitioner but that is found in teeth of the order passed by the coordinate Bench on 20th September, 2 2013. On consideration of the respective submissions made on behalf of the parties and taking note of the order passed by the coordinate Bench on 20th September, 2013 it appears that issue is no more res integra since the coordinate Bench directed the respondent authorities to sanction postgraduate scale of pay in favour of the petitioner and such order has attained finality. Moreover, in terms of order dated 20th September, 2013 of the coordinate Bench the District Inspector of Schools (SE), Murshidabad being respondent no.3 issued memo dated 7th May, 2014 thereby sanctioning postgraduate scale of pay in favour of the petitioner with effect from 12th May, 1999. Since it is found that State respondents have failed to release arrear dues in favour of the petitioner, the Commissioner of School Education, West Bengal is directed to release arrear in favour of the petitioner for the period from 12th May, 1999 to 13th September, 2007 by eight weeks from the date of communication of this order in terms of the order of the District Inspector of Schools (SE), Murshidabad dated 7th May, 2014 sanctioning postgraduate scale of pay. 3 After releasing arrear dues concerned State respondents are also directed to refix the pay of the petitioner in postgraduate scale of pay on and from 14th September, 2007 in connection with his service in the second school. Such refixation shall be made by twelve weeks from the date of communication of this order. The writ petition stands disposed of. However, there shall be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings. (Saugata Bhattacharyya, J.) 4