27.07.2026 Court No.652 Item No.25 sp WPA 20101 of 2023 Saraswati Majumder Vs. The State of West Bengal & Ors. Mr. Sakti Pada Jana, Mr. Subhajyoti Das. … For the Petitioner. 1. The question involved in the instant writ petition, that is, whether the higher pay scale to a teacher having obtained higher qualification, can be turned down in view of the notification No. 593-SE(B) dated 27th November , 2007, has now been well-settled in view of this Court’s earlier judgments by the Hon’ble Division Bench as well as by the Hon’ble Larger Bench. 2. Fact remains that on the date of joining in service, i.e., October 8, 2007, the petitioner was already enrolled in M.Sc. course and completed Part-I of M.Sc. examination. After joining in service on October 8, 2007, the petitioner, with due permission of the school managing committee and grant of study leave by the same, appeared in the M. Sc. Part-II examination. Her last date of M.Sc. Part-II examination was on March 26, 2008. 3. After being qualified in the Masters Degree course, the petitioner has sought for grant of higher pay scale, 2 commensurate to her newly obtained higher qualification and in terms of post graduate scale of pay. Such prayer of the petitioner has been rejected by the respondent no. 3, the District Inspector of Schools (SE), North 24-Parganas vide order dated July 10, 2023, which is under challenge in the instant writ petition. 4. Mr. Jana, learned counsel for the petitioner has referred to the judgment of the Hon’ble Division Bench of this Court in the case of Md. Adeel Uz Zaman Vs. The State of West Bengal & Ors. passed in MAT 825 of 2020 on February 11, 2021 and the Hon’ble Larger Bench in the case of Utpal Kanti Karan vs. State of W.B. reported in 2024 SCC Only Cal 1274, in which the Hon’ble Larger Bench has affirmed judgment of Md. Adeel Uz Zaman (supra). He submits that having already enrolled herself for the M.Sc. course, before induction in service, the writ petitioner would not be required to obtain prior permission from the D.I. as envisaged in the said notification No. 593-SE(B) dated 27th November , 2007, in terms of the law settled by the judgments as above, to obtain the higher scale of pay. 5. In spite of service of notice, none appears for the respondent/State. Due to the State/respondent having not been represented today when the matter is called, the same is taken up for order in the absence of the State/respondents. 3 6. Affidavit of service filed in Court is taken on record. 7. Having carefully perused the judgments of the Hon’ble Larger Bench and the Hon’ble Division Bench as mentioned above, this Court finds that the impugned order dated July 10, 2023 passed by the respondent no. 3 is founded on reasons not commensurate with the law settled as on date. The respondent no. 3 while passing the impugned order has not discussed about the law settled by the Court in the judgments as above whereas it has erroneously considered the scope of the notification No. 593-SE(B) dated 27th November , 2007. Therefore, his decision for rejection of higher pay scale to the writ petitioner suffers from apparent error, is manifestly unreasonable and illegal. 8. On the contrary, on the basis of the judgments of the Courts as above, which have been subsequently relied on by the Hon’ble Single Benches in various similar matters, to grant relief to the persons entitled, stand binding as regards the instant petitioner she being on the similar footing with the other various litigants. The Courts have inter alia held that a person who has already pursued the higher degree course before being inducted in service and continued the same with due permission of the school authority need not be obliged to mandatorily obtain prior permission of the DI, in terms of notification No. 593-SE(B) dated 27th November , 2007, for being granted with higher 4 pay scale. Instead, he or she shall be governed by the prevalent Rules of the relevant time, to be entitled to such benefit. 9. In this case the petitioner has joined in service in 2007. Hence, she would be governed under the ROPA 1998, at the relevant time, when she has completed her M.Sc. course. Therefore, the writ petitioner would be squarely covered under Clause-12(3) of ROPA 1998, which speaks as follows: “12. CAREER ADVANCEMENT SCHEME AND RELATED ISSUED – 3) All teachers, including physical education teachers and librarians of secondary schools who have 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.” 10. The entire discussion as above leaves hardly any doubt that by operation of the provision under ROPA 1998, the petitioner would be eligible for grant of higher scale of pay upon obtaining higher qualification, notwithstanding her compliance with any provision of an executive order, particularly when she was enrolled in the higher degree course, prior to entering into service. 11. Accordingly, this Court is of the opinion that being de hors the law as settled, the impugned order of the D.I. dated July 10, 2023 is liable to be set aside. Hence, this writ petition is allowed with the following directions :- 5 (i) The writ petitioner would be eligible for grant of post graduate scale of pay, from the date following the last date of her final examination; (ii) The impugned order of the respondent No. 3, the District Inspector of Schools (SE), North 24- Parganas dated July 10, 2023, is hereby set aside; (iii) Let the respondent No. 3 take immediate steps for refixation of the pay scale of the writ petitioner with effect from the appropriate date, within a period of 4 weeks from the date of communication of a copy of this order; (iv) Arrear amount of pay as stands due and outstanding to the petitioner in terms of the Court’s order as above, shall be released to her within a period of 3 months from the date of communication of a copy of this order. 12. With the directions as above, WPA 20101 of 2023 is thus, disposed of. 13. All the parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rai Chattopadhyay, J.)