16.09.2026 Sl. No.23(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. 2777 of 2026 Dola Rani Dey Versus The State of West Bengal & Ors. Mr. Ujjal Ray, Mr. Atreya Chakraborty, Mr. Ayaskanta Ghosh …for the Petitioner. Mr. Brijendra Pratap Singh, Mr. Asit Kumar De. …for the State. 1. Report filed by State furnished by the District Inspector of Schools, Secondary Education, Murshidabad, respondent No.4 is taken on record. 2. By the present petition, the petitioner seeks direction upon the respondent authorities, particularly, the District Inspector of Schools (SE), Murshidabad to grant post graduate scale of pay to the petitioner from the date of attaining the Master of Science in Dietetics and Community Nutrition Management and also pay the arrears together with interest. 3. The petitioner contends that she joined as an Assistant Teacher in Nutrition (Hons/PG) in Manikchak High Madrasah (HS), Lalgola, Murshidabad (hereinafter referred as the „Madrasah‟) on 18th July, 2011 against regular vacancy. Prior to joining service, petitioner had completed M.Sc. Part-I in Dietetics and Community Nutrition Management in the year 2010. On 28th July, 2 2011, petitioner sought permission before the Secretary of the said Madrasah for appearing in M.Sc. Part-II Examination, 2011 from Vidyasagar University under Directorate of Distance Education (DDE). The Managing Committee of the said Madrasah, upon due consideration, granted permission to the petitioner on 19th August, 2011. The petitioner successfully completed the M.Sc. (Part-II) Examination in the said subject on 4th September, 2011. Upon such completion of Post Graduation, the petitioner on 30th December, 2013 made a representation before Secretary of the said Madrasah seeking for post graduate scale of pay. However, no steps have been taken. Ultimately, on 24th June, 2024, the petitioner once again made a representation before the Administrator of the said Madrasah for grant of post graduate scale of pay. However, the same is still pending consideration. Hence this writ petition. 4. Mr. Ujjal Ray, learned Advocate appearing for the petitioner submits that the petitioner joined in service on 18th July, 2011. Prior to joining in service, the petitioner completed Master of Science in Dietetics and Community Nutrition Management (Part-I) in the year 2010. Since she was pursuing candidate, no prior permission was required from the District Inspector of Schools. To buttress his contention, he relies on the decision of a Special Bench of this Hon’ble Court passed in Utpal Kanti Karan versus State of West Bengal & Ors. reported in 2024 SCC OnLine 3 Cal.1274. The petitioner has completed her postgraduate course in the year 2011. On completion of Masters Degree, the petitioner is entitled to post graduate scale of pay. Reliance is also placed on the decision of the Co-ordinate Bench of this Court passed in Raju Das versus The State of West Bengal & Ors. (In Re: WPA 25355 of 2023). Although several representations were made before the authority concerned, but till date the petitioner has not been granted postgraduate scale of pay. He seeks that postgraduate scale of pay be granted to the petitioner from the date of completion of such course. 5. On the contrary, Mr. Brijendra Pratap Singh, learned Advocate appearing for the State-respondents submit that the petitioner did not obtain any prior permission from the District Inspector of Schools (Secondary Education), Murshidabad as per G.O. 593-SE(B) dated 27th November, 2007 and as such she is not entitled to claim additional increment/higher scale of pay for obtaining such higher qualification. 6. Upon hearing learned Advocates for the respective parties the only issue, which falls for consideration, is whether the petitioner in the facts and circumstances of the instant case is entitled to postgraduate scale of pay or not. 7. Admittedly, the petitioner completed her Master of Science in Dietetics and Community Nutrition Management (Part-I) in the year 2010, prior to joining the service in the year 2011. On the application of the 4 petitioner, she has been granted permission by the Managing Committee of the said Madrasah to appear in M.Sc. (Part-II) Examination. Indisputably, no permission has been obtained from concerned District Inspector of Schools. Now the question arises whether such circumstances disentitles the petitioner from getting post graduate scale of pay. 8. In order to examine the aforesaid aspect, it would be apposite to reproduce the relevant portion of the judgement passed by the Hon’ble Special Bench in Utpal Kanti Karan (supra) as hereunder: “…272)…g) If a teacher has partially completed higher study before entering service he/she would come under purview of G.O. No.1595-SE(S) dated 26th December, 2005 and the question of taking permission from DIS-SE concerned would not arise.” 9. In view of the above observation of the Hon’ble Special Bench, the G.O. 593-SE(B) dated 27th November, 2007 has got no manner of application in case of the petitioner, since she partially completed higher study before entering service. For such reason the petitioner cannot be disentitled from claiming post graduate scale of pay on the ground of not obtaining prior permission. Undeniably, the petitioner has completed her postgraduate examination in the concerned subject on 4th September, 2011. 10. Accordingly, the respondent No.4, the District Inspector of Schools (SE), Murshidabad is directed to grant higher scale of pay to the petitioner with effect from the date of completion of her postgraduate examination, i.e. 4th September, 2011 within a period of six weeks from date of communication this order. 5 11. The respondent No.5, the District Inspector of Schools (SE), South 24-Parganas, where the petitioner is presently posted, is directed to take consequential steps for disbursal of arrear salary in terms of the postgraduate scale of pay granted by the respondent No.4. 12. Learned advocate for the petitioners is directed to communicate this order to the respondent No.4, the District Inspector of Schools (SE), Murshidabad and respondent No.5, the District Inspector of Schools (SE), South 24-Parganas, for necessary compliance. 13. With the above direction, the writ petition being WPA 2777 of 2026 stands disposed of. 14. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 15. Interim order, if any, stands vacated. 16. All connected applications, if any, stand disposed of. 17. There shall be no order as to costs. 18. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 19. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.)