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ugc
deemed university
higher pay
ph.d
due process
study leave
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aided school
managing committee
doctypes: judgments
Heard the learned Advocates of both the sides. This application is at the relevent subject
instance of a teacher and is filed for enhancement of pay on increase of affiliation of universities
Ph.D. degree in the relevant subject.
doctypes:judgments
managing committee
section 14
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No.593- SE(B) dated November 27, 2007. Being aggrieved by such order of the District Inspector
of Schools (SE), Malda, this application has been preferred.
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Now, the question is whether the petitioner is entitled to get two additional increments as prayed
for on the ground of obtaining the Ph.D. degree in the relevant subject. Upon hearing the learned
Counsel for the parties and on going through the materials on record, I am of the opinion that the
prayer of the writ petitioner has been rightly rejected in view of the Government Order
Nos.548-SE(S) dated June 24, 1997 & 593-SE(B) dated November 27, 2007. The petitioner may
enhance his qualification accordingly to his choice, but, in case of drawing additional increments,
he has to follow certain rules and regulations as described in the Government Order dated
November 27, 2007. For convenience, the said order is quoted below:"The School Education Department, Government of West Bengal considers it necessary to
publish an order specifying the manner in which a teacher appointed in Honours Graduate/Post
Graduate scale of pay will be entitled to claim any additional increment and higher scale of pay
upon acquiring Post Graduate or any Higher diploma, Degree under Section 14(3) of the West
Bengal Schools (Control of Expenditure) Act, 2005.
1. All the teachers teaching in different State Aided Schools will have to take prior permission
from the Managing Committee / Ad-hoc Committee/Administrator as the case may be to enroll
themselves and to appear for any examination for enhancement of educational 3
qualification. The Managing Committee being 'Competent Authority' in such cases will take a
decision in its next meeting and convey its decision to the teacher concerned immediately. A copy
of the decision of the Managing Committee will be forwarded to the office of the D.I. of Schools
(SE) of the concerned district.
2. The applicant-teacher thereafter, will, if nec3essary, apply for Leave/Special Leave/Study
Leave as the case may be (along with the resolution of Managing Committee) to the West
Bengal Board of Secondary Education (Which is the Competent Authority in this case) through
the Managing Committee of the Schools.
3. The teacher is required to seek prior permission of concerned District Inspector of Schools (SE)
(only when he/she wants to claim additional increment/higher scale of pay etc. for obtaining
such higher qualification) through the Managing Committee of the School.
4. Provided further that no such permission can be granted on any ground to any teacher who has
entered the service/joined the school with Graduate Degree and with a graduate scale of pay
[Any Managing Committee of any school recommending such case and of any District Inspector
of Schools granting such prayer will be treated as an 4
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Mr. Bari has relied on the decision dated July 4, 2012 passed in W.P. No.4532 (W) of 2012
whereby it has been directed to grant two additional increments to the petitioner for his doctoral
degree in the relevant subject with effect from the date when such doctoral degree was awarded to
the teacher in the convocation.
He has also contended that the State of West Bengal preferred an appeal being MAT No.802 of
2012 against the order of dismissal of a writ petition in respect of the additional increments for
awarding the Ph.D. degree and the Appellate Court granted the prayer for two additional
increments from the date of convocation. Situation is similar to the present one. He has also
referred to the decision dated February 7, 2013 passed in W.P. No. 2705 (W) of 2013 by another
Single Bench of this Hon'ble Court whereby, relying on the decision of W.P. No.4532 (W) of 2012,
the prayer for additional increments was allowed on acquiring the doctoral degree. On the other
hand, Mr. Deb Narayan Roy, learned Advocate appearing for the State of West Bengal has
referred to the aforesaid Government Order 593-SE(B) dated November 27, 2007 and the Order
No.548-SE(S) dated June 24, 1997 wherein it has been clearly indicated that all the teachers
teaching in different State-aid schools will have to take prior permission from the District
Inspector of Schools (SE) through the Managing Committee/Ad-hoc Committee/Administrator
as the case may be if they like to enroll themselves and to appear for the examination conducted
through Correspondence/Distance Mode of education from the UGC- 7
affiliated Universities for claiming additional increment and higher pay under Section 14(3) of
the West Bengal Schools (Control of Expenditure) Act, 2005. For the purpose of study leave, a
teacher has to approach to the West Bengal Board of Secondary Education through the
Managing Committee of the School.
Thus, he has submitted that the prayer of the writ petitioner should be rejected for
non-compliance of the Government Order dated November 27, 2007. Having due regard to the
submissions of the learned Advocates of both the sides and on perusal of the materials on record,
I find that in the case of W.P. No.4532 (W) of 2012 the matter in dispute was with regard to the
Government Order dated January 5, 2012 relating to the Section 14(3) of the West Bengal
School (Control of Expenditure) Act, 2005. Relying on the aforesaid decision, the other learned
Single Judge has passed a similar order in the W.P. No.2750 (W) of 2013. So far as the appeal
being MAT No.802 of 2012 is concerned, the similar matter i.e. the West Bengal Schools
(Control of Expenditure) Act, 2005 was under consideration and the Appellate Court has held
that since the decision dated July 4, 2012 of W.P. No.4532 (W) of 2012 was not under challenge
before the higher forum and the said order was implemented, the order dated July 4, 2012 has
become final. Thus, I find that the said three decisions are related to the matter in dispute
concerning the West Bengal Schools (Control of Expenditure) Act, 2005 relating to cut off date
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