28.07.2026 Court No.652 Item No.14 sp WPA 12969 of 2022 Soumita Barman Vs. The State of West Bengal & Ors. Mr. Subas Ray, Mr. Goutam Mishra, Mr. Devvrat, Mr. Umesh Babu Chowrasia, Mr. Dhruva Kumar, Mr. Vaskar Pal. … For the Petitioner. Mr. Tapas Kumar Chatterjee, Mr. Suranjit Ghosh. ..for the State. 1. The present writ petition has been filed by the petitioner challenging the order dated 27th November, 2007 passed by the Joint Secretary, School Education Department, Government of West Bengal, thereby rejecting the petitioner’s prayer for grant of higher pay scale, upon her obtaining higher qualification. 2. Learned advocate for the petitioner has submitted with reference to the documents annexed with the writ petition that the petitioner was inducted in service on and from 10th August, 2010. Before that, she already enrolled herself for the M.Sc. course and also completed Part-I examination of the course. 3. It is further submitted that after entering into service and with due permission of the school authority, the petitioner completed her M.Sc. course. 4. Hence, the petitioner seek to be granted with the higher pay scale commensurate to her higher qualification, which prayer of the petitioner has been turned down by the said respondent authority, by dint of the impugned order as mentioned above. 5. Learned advocate for the petitioner has relied on a judgment of the Hon’ble Larger Bench of this Court in the case of Utpal Kanti Karan vs. State of W.B. reported in 2024 SCC Only Cal 1274 to submit that according to the verdict of the Court as above, prior permission of the D.I. is not imperative any further for the petitioner to be granted with the higher pay scale commensurate to her qualification. To that score, according to him, the impugned order is erroneous and liable to be set aside. 6. Contrary is submitted by the learned advocate appearing for the State. He emphasizes that the governing rules should be followed by the incumbent to be eligible for grant of higher pay scale upon obtaining M.Sc. degree. 7. The law in this regard is now well-settled in view of the Larger Bench’s decision of this Court as above. The Court has categorically held that a teacher who has partially completed her higher study before entering into service would be eligible for grant of higher pay scale in view of the provision under G.O. 1595-SE (S) dated 26.12.2005. 8. The present petitioner having been found on similar footing as discussed by the Hon’ble Larger Bench in the judgment as above. Hence, she is to be squarely covered by 2 the ratio decided in the said judgment, by the Hon’ble Larger Bench. 9. Accordingly, the petitioner having already entered the M.Sc. course before being inducted in service and completed the same while in service, would be eligible for grant of higher pay scale. 10. In such view of the settled law, the Court is constrained to hold that the impugned order dated 27th November, 2007passed by the respondent no. 5 is de hors the law and liable to be set aside. 11. Accordingly, the instant writ petition is disposed of with the direction that the impugned order dated 27th November, 2007passed by the respondent no. 5, stands set aside. 12. Let the respondent no. 5, District Inspector of Schools (SE), Kolkata consider the petitioner’s prayer for grant of higher pay scale in the light of the decision of the Hon’ble Larger Bench in the case of Utpal Kanti Karan (supra) and pass a reasoned order. 13. Needless to mention that in case the said respondent authority finds the petitioner to be eligible for grant of higher pay scale in the light of the judgment of the Hon’ble Larger Bench in the case of Utpal Kanti Karan (supra), he shall take immediate necessary steps for refixation of pay scale of the petitioner from an appropriate date and grant of arrear pay to her. 3 14. Let the said respondent authority conclude the entire exercise as directed above, within a period of 4 weeks from the date of communication of a copy of this order. In the process, he shall afford reasonable opportunity of hearing to the petitioner. 15. With the directions as above, the instant writ petition is allowed and disposed of. 16. All the parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Rai Chattopadhyay, J.) 4