20.08.2026 Item No.5 Ct. No.652 PG WPA 3252 of 2020 Madhab Khatua Vs The State of West Bengal & Ors. Mr. Tarun Kr. Das ….for the petitioner Mr. Debapriya Gupta, Ld. AGP Ms. Subhanwita Ghosh Mr. Biswanath Banerjee……for the State 1. The issue in dispute in the instant writ petition i.e. regarding grant of higher pay scale to the writ petitioner pursuant to his enhanced qualification of Master Degree, is now well- settled, particularly by dint of the Hon’ble Larger Bench’s judgment of this Court in Utpal Kanti Karan vs. State of West Bengal & Ors. reported in 2024 SCC OnLine Cal 1274. 2. In such circumstances, when the matter is taken up for hearing today, Mr. Gupta, learned Additional Government Pleader has submitted a report of the District Inspector of Schools (Secondary Education), Purba Medinipur dated 19.08.2026. 3. In the same, the respondent has contended that the petitioner is eligible for the benefit of higher pay scale in the light of the order of the Hon’ble 2 Special Bench of this Court, as mentioned above. 4. He has further informed that now the prayer of the petitioner as above is under process and higher scale of pay will be allowed to him immediately. 5. In such view of the fact, the Court hence does not go into the details of the merits of the instant case. Suffice is to say that at the time of induction in service in the year 2007, the petitioner had already enrolled himself for Master Degree course and completed Part-I examination thereof before entering into service. After entering into service and with the approval of the school managing committee, he has completed Part-II examination of Master Degree course, in the year 2008. Subsequently, however, his prayer for grant of higher scale of pay was declined by the respondent District Inspector of Schools and also by the Commissioner of School Education, West Bengal, on the sole ground of his not taking prior permission from the District Inspector of Schools to pursue the higher degree course. 6. Precisely, violation of provision under G.O. No. 593-SE(B) dated 27.11.2007 by the petitioner has been alleged in the impugned order. 3 7. Now, since the report of the District Inspector of Schools (Secondary Education), Purba Medinipur dated 19.08.2026 is on record, let this writ petition be disposed of with the finding that following the ratio in the judgment of Utpal Kanti Karan (supra) and in the particular factual background of the present case, the petitioner shall be entitled for grant of post-graduate scale of pay with effect from an appropriate date. 8. As a result, the order dated 30.01.2018 of the District Inspector of Schools (Secondary Education), Purba Medinipur as well as the order dated 24.07.2019 of Commissioner of School Education, Government of West Bengal are set aside, being not in conformity with the law. 9. Let it be directed that the respondent authority concludes the entire proceeding for grant of higher pay scale to the petitioner, re-fixation of his pay scale and grant of arrear, maximum within a period of six weeks from the date of communication of copy of this order. 10. Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Rai Chattopadhyay, J.)