30.07.2026. Item No. 18. Court No. 652 ap W.P.A. 27187 of 2024 Supriti Guria Versus The State of West Bengal & Ors. Mr. Sakti Pada Jana, Mr. Subhajyoti Das. …For the petitioner. 1. The writ petitioner is a School Teacher, having entered into service with effect from 10th July, 1993 as a B.Sc. (Honours) B.Ed. Category Teacher. Her grievance in the instant writ petition is that in spite of her obtaining M.Sc. degree subsequently while at service, she has not been granted with the Post Graduate Scale of Pay. Hence, the instant writ petition. The present petitioner has prayed for appropriate order granting her Post Graduate Scale of Pay from an appropriate date. 2. In spite of service having been affected in the Office of the learned Government Pleader, High Court, Calcutta, none appears for the State respondents when the matter is called on today. Let affidavit-of- service filed in Court by the Counsel for the petitioner be taken on record. 3. Hence, the Court takes up the matter for hearing and disposal in absence of the State respondents. 4. From the records, it appears that the petitioner has been granted permission by the School Managing Committee vide resolution dated 22nd September, 2008 to undergo the Master Degree Course, as per her 2 requests vide letter dated 6th September, 2008. It further reveals that the School Authority forwarded its recommendation/permission for further onward actions on the part of the respondent no.3/District Inspector of Schools (SE), Purba Medinipur on 12th May, 2009. On 4th October, 2008, the petitioner also received a No Objection Certificate issued by the Secretary of the Institution. 5. All these prompted the petitioner to enroll herself in the Master Degree Course without, however, obtaining a formal permission from the respondent no.3/ District Inspector of Schools (SE), Purba Medinipur. The petitioner concluded her M.Sc. Course in sessions 2008-2009 and qualified in the same by obtaining a Master Degree. The last date of her Part-II examination was held on 5th March, 2011. 6. After being qualified, the petitioner has prayed for grant of Post Graduate Scale of Pay to her. Pursuant to her prayer as above, the respondent no.3/District Inspector of Schools (SE), Purba Medinipur has first made query vide letter dated 25th May, 2012 seeking certain documents. Finally, the respondent no.3/District Inspector of Schools (SE), Purba Medinipur has rejected the prayer of the petitioner vide his letter dated 23rd August, 2012 citing the ground that the petitioner cannot be granted Higher Scale of Pay in terms of the provisions under paragraphs 1 and 3 of the School Education 3 Department’s Memo No. 593-SE(B) dated 27th November, 2007. 7. Mr. Jana, learned Advocate appears for the petitioner. He has indicated that in view of the law now settled by the Hon’ble Larger Bench in the case of Utpal Kanti Karan – Vs. – State of West Bengal & Ors. reported in 2024 SCC OnLine Cal 1274, a Teacher, who having obtained prior permission from the competent School Authority, cannot be negated for grant of Higher Pay Scale pursuant to her enhanced qualification citing that the Department’s Notification No. 593-SE(B) dated 27th November, 2007, which has been decided to have no statutory force. 8. Mr. Jana further submitted that the Notification No. 593-SE(B) requires prior permission of the respondent no.3/District Inspector of Schools (SE), Purba Medinipur for a Teacher to enroll herself in Master Degree Course, in order to secure Higher Scale of Pay after being qualified therein. So far as this petitioner is concerned, according to him, the petitioner has duly sought for permission in terms of the said Notification before the School Authority i.e. through Proper Channel. He also submitted that as per the records, the School Authority has also duly sent the above recommendation in favour of the petitioner for further actions on the part of the District Inspector of Schools (SE), Purba Medinipur, to his Office within due time. However, no reply has ever 4 been received from the Office of the District Inspector of Schools (SE), Purba Medinipur in this regard. 9. With reference to a judgment of this Court dated 8th May, 2025 in W.P.A. 12690 of 2018, Mr. Jana has submitted that the laches, if any, on the part of the Office of the respondent no.3/District Inspector of Schools (SE), Purba Medinipur cannot render the petitioner deprived of the statutory rights of her to get Higher Scale of Pay upon being qualified with the Higher Qualification. Under such circumstances, on behalf of the petitioner, it is submitted that the present writ petition be allowed and appropriate relief be granted to the petitioner. 10. Having heard Mr. Jana, learned Advocate for the petitioner and perusing the documents available on record, it appears that the petitioner has duly applied before the School Authority and obtained its permission to be enrolled for Higher Degree Course. 11. In terms of the Notification relied on by the respondent no.3/District Inspector of Schools (SE), Purba Medinipur in the impugned order dated 23rd August, 2012 i.e. No. 593-SE(B) dated 27th November, 2007 a incumbent is required to apply for prior permission before the respondent no.3/District Inspector of Schools (SE), Purba Medinipur through proper channel i.e. through the School Authority. Therefore, there is no procedural laches on the part of the petitioner in this case. 5 12. Indeed, the petitioner cannot be held responsible due to inaction of the respondent no.3/District Inspector of Schools (SE), Purba Medinipur by not responding to the recommendation made by the School Authority before it in favour of the petitioner joining in the Higher Degree Course i.e. vide letter of the School dated 12th May, 2009. 13. Otherwise, the petitioner has duly completed M.Sc. Course and obtained a degree. 14. In such circumstances and in view of the existing Rules governing the petitioner’s service on the date of her being qualified i.e. March, 2011, the petitioner’s right to get Higher Scale of Pay, pursuant to her Higher Qualifications appears to be unfettered. 15. Accordingly, this Court finds that the impugned order dated 23rd August, 2012 to be not in conformity with law and is liable to be set aside. 16. For the reasons discussed above, the instant writ petition is allowed with the following directions: (i) The impugned order dated 23rd August, 2012 passed by the District Inspector of Schools (SE), Purba Medinipur is set aside; (ii) The petitioner should be treated as entitled to grant of Higher Pay Scale with effect from the following day of last date of her examination in M.Sc. Part-II; (iii) Let the respondent no.3/District Inspector of Schools (SE), Purba Medinipur 6 be directed to immediately effect re-fixation of Pay Scale of the petitioner with effect from the said date, within a period of four weeks from the date of communication of a copy of this order; (iv) Let arrear amount of pay be released in favour of the petitioner within a period of three months from the date of communication of a copy of this order. 17. With the aforesaid directions, the instant writ petition is disposed of without any order as to costs. 18. Urgent photostat certified copy of this order, if applied for, shall be supplied to the parties, on compliance of all necessary formalities. (Rai Chattopadhyay, J.)