28-09-2026 Item No.29 Subrata Bhattacharyya AR(C) IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Appellate Side WPA No.11392 of 2026 Nirmal Bhowmik -vs- The State of West Bengal & Ors. Mr. Ekramul Bari Mr. Sk. Imtiaj uddin …for the petitioner Ms. Anita Kundu Mr. Nripendra Pratap Singh …for the State 1. The petitioner is aggrieved by rejection of his prayer for grant of higher scale of pay on obtaining M.Sc. degree in Mathematics by the District Inspector of Schools (SE), Purulia vide impugned communicating memo being No.586 dated April 10, 2026. 2. Prayer of the petitioner has been rejected solely relying on GO No.593-SE(B) dated November 27, 2007. 3. A larger Bench of this Court in the matter of Utpal Kanti Karan & Ors. –vs- State of West Bengal & Ors. reported in (2024) SCC OnLine Cal 1274 took note of the fact that GO No.593- SE(B) dated November 27, 2007 has not been published in the Gazette and hence does not have any statutory force. 4. It appears from records that the petitioner joined service in 2011. He applied for admission in M.Sc. course in 2014. The managing committee of the school adopted a resolution to grant prior permission to the petitioner for pursuing the course. Relying upon such prior permission, the petitioner obtained admission and completed M.Sc course in 2016. Certificate was issued in his favour in July 2017. The school requested the DI of Schools to accord higher scale of pay to the petitioner in June 2025. 5. Whether non-forwarding of the resolution of the managing committee according prior permission to the petitioner to enhance his educational qualification will disentitle the teacher to receive higher scale of pay was considered by the Court in WPA No.29958 of 2016 in the matter of Narayan Chandra Barai v. The State of West Bengal & Ors. and order was passed on March 19, 2024 holding that the obligation of a teacher comes to an end the moment the teacher applies before the managing committee of the school for obtaining prior permission for enhancement of the educational qualification. Thereafter, it is the obligation of the managing committee to forward such resolution to the concerned DI of Schools for obtaining prior permission. 6. The Court in WPA No.21695 of 2025 (Sanjay Mondal v. State of West Bengal & Ors. passed order on November 14, 2025 in similar set of facts directing the concerned DI of Schools to take steps for grant of higher scale of pay. 7. It appears that the school where the petitioner was serving adopted the resolution to permit the petitioner to enhance his education qualification. It was the duty and responsibility of the school to forward the resolution to the DI of Schools in proper time. 8. It does not appear that there was any default on 2 the part of the petitioner in obtaining the prior permission from the school authority for enhancement of his educational qualification. The school ought to have intimated the DI of Schools as regards the resolution adopted by the school to permit the petitioner to enhance his educational qualification. 9. In view of the direction passed in the matter of Narayan Chandra Barai (supra) rejection of the petitioner’s claim for higher scale of pay cannot be sustained. 10. The DI of Schools is directed to take necessary steps for grant of higher scale of pay to the petitioner in accordance with the relevant rules at the earliest but positively within a period of eight weeks from the date of communication of this order. 11. All consequential benefits shall be released in favour of the petitioner without any further delay. 12. The impugned order of rejection stands set aside. 13. The writ petition is disposed of. 14. Written instructions filed in Court be taken on record. 15. All parties are to act on the server copy of this order duly downloaded from the official website of this Court. 16. Certified server copy of this order, if applied for, shall be made available to the parties. [Amrita Sinha, J] 3 4