27.07.2026 Court No.652 Item No.10 pk WPA 23078 of 2017 Pabitra Mohanta @ Mahanta Vs. The State of West Bengal and others Mr. Biswarup Biswas ...for the petitioner. 1. In spite of completed service, none appears for the respondents. 2. Affidavit of service submitted by the petitioner is taken on record. 3. Due to non appearance of the State, the matter is taken up for hearing and disposal in absence of the respondents. 4. The issue involved in the present writ petition is very well settled now. It is about whether the petitioner who has obtained higher qualification, before being inducted in service, is eligible for grant of higher scale of pay from the date of his entering into service or not. 5. The petitioner was appointed in and joined the school as a physical education teacher on 06.09.2001. On the date of his appointment, the petitioner was qualified with B.A. (Pass) and M.P.Ed. in physical education subject. The petitioner was granted graduate scale of pay. Subsequently on 22.11.2007 the petitioner was transferred to a new school, where he joined 2 immediately thereafter and continued to be paid with the similar scale of pay. 6. The petitioner’s prayer before the Competent Authority for grant of higher pay scale commensurate with his qualification was not considered, which prompted the petitioner to move this Court. The Court vide order dated 11.11.2016 in WPA 25621 (W) of 2016 directed for consideration of the petitioner’s prayer by the D. I. of Schools (SE), Cooch Behar, in a time bound manner. 7. The resultant order is that dated 29th March, 2017, which has been challenged by the petitioner in the instant writ petition. 8. Mr. Biswas, learned advocate for the petitioner has contended that in terms of ROPA-1998 the petitioner is entitled to the scale of pay commensurate to his higher degree, from the date of his induction in service. He has indicated that the petitioner’s prayer for grant of higher scale of pay has been approved by the Managing Committee of the school vide resolution and order dated 21st February, 2009. 9. In this regard, the petitioner has relied on the larger Bench’s judgment of this Court, in the case of (i) Utpal Kanti Karan Vs. State of West Bengal [2024 SCC Online Cal 1274 and also the other judgment of this Court in (ii) Prasanta Kanti Bose versus State of West Bengal [2026(2) CHN (Cal) 164, by the Division Bench, to submit applicability of ROPA, 1998, in case 3 of the petitioner and his eligibility and right for being granted with the higher pay scale. 10. For the reasons as above, learned advocate for the petitioner has prayed for setting aside the impugned order since the impugned order is not in conformity with the provisions of law. 11. On carefully perusal of the impugned order passed by the D. I. of Schools (SE), Cooch Behar dated 29.03.2017, it appears that the respondent authority has founded its decision to reject the petitioner’s prayer for grant of higher scale of pay on the ground that the petitioner was inducted in service in graduate scale of pay as per the Commission’s recommendation and more so according to the application submitted by him. Though the said respondent has recorded in the impugned order that acceptedly the petitioner was qualified with higher degree on the date of induction in the service but since he has been appointed in a post earmarked for pass graduate candidate and similar scale of pay, he cannot be subsequently allowed any benefit in the form of post graduate pay scale. 12. The reasons shown by the respondent authority in the impugned order clearly contravene the provisions of ROPA-1998 vide G. O. 25/SE(B) I.M-102/98 dated 12.02.1999. The relevant provision thereof may be quoted as below: “12. CAREER ADVANCEMENT SCHEME AND RELATED ISSUED – 3) All teachers, including physical education teachers and librarians of secondary schools who have 4 improved/will improve their qualifications who were appointed with higher qualification in the subjects or group relevant to their teaching/appointment shall get higher scale of pay appropriate to their qualifications with effect from the 1st January, 1996 or the date of improving qualifications whichever is later.” 13. Accordingly the petitioner being evidently governed under the ROPA-1998, the statutory benefit as above cannot be with held from him. 14. The Hon’ble Special Bench in the case of Utpal Kanti Karan Vs. State of West Bengal and others reported in 2024 SCC online Cal 1274 has specifically held that a teacher including the physical education teachers who are qualified with higher degree, would be entitled for commensurate financial benefit, in terms of the governing Rules. 15. The ratio of the judgment of the special Bench as well as the Division Bench as referred to by Mr. Biswas, would therefore, squarely bind the present petitioner, he factual background of the case being similar. The petitioner having completed Masters degree before being inducted in service though a post fetching graduate scale of pay to him, would be eligible for higher pay scale in terms of ROPA, 1998 and as per the higher qualification, he has obtained even prior to his induction in service. 16. Considering all above it is found proper to this Court that the instant writ petition be allowed with the following directions : 5 (i) The petitioner is entitled for post graduate scale of pay in accordance with his qualification; (ii) The petitioner is entitled to the post graduate scale of pay in accordance with his qualification with effect from the date of his joining in service that is 06.09.2001; (iii) Let the petitioner be immediately provided with the benefit of higher pay scale. For this purpose, the respondent no. 3 is directed for refixation of pay scale of the petitioner in terms of post graduate scale of pay with effect from 06.09.2001, within a period of four weeks from the date of communication of a copy of this order. (iv) The arrear amount of pay as stands due and outstanding in terms of Court’s direction as above should be disbursed to the writ petitioner within a period of three months from the date of communication of a copy of this order. 17. The writ petition stands allowed and disposed of with the directions as above. 18. All parties shall act on the server copy of this order and duly downloaded from the official website of this Court. (Rai Chattopadhyay, J.)