WPA/3047/2019 of HEIDOY KUMAR CHOWDHURY Vs STATE OF WEST BENGAL & ORS on 25 September 2026

1. The grievance of the petitioner with respect to the order of the respondent no. 4/District Inspector of Schools (S.E.), Murshidabad dated 24.04.2018 is that the benefit, which the petitioner said himself to be entitled to upon grant of Post Graduate Scale of Pay by the respondents, has been deprived by the said authority in the said order and hence this writ petition is filed.

2. Learned Advocate for the petitioner indicates that though the District Inspector of Schools (S.E.)/Respondent no. 4, Murshidabad has duly granted the petitioner Post Graduate Scale of Pay in terms of his qualification, however, the petitioner has been deprived of the actual benefit, but granted only notional effect of the Higher Scale of Pay w.e.f. 08.02.1997.

3. Mr. Gourav Das, learned Advocate for the petitioner, has emphatically submitted that having accepted the petitioner’s eligibility for grant of Post Graduate Scale of Pay, the respondent authority could not have deprived the petitioner from getting the actual benefit in terms of the order of the said resp0ndent.

4. Therefore, it is submitted that by dint of the impugned order, the petitioner’s rights have been arbitrarily curtailed.

5. Mrs. Sudipa Banerjee, learned Advocate represents the State Authority. It transpires from the record that the petitioner has inducted in service on 13.01.1987. On 08.02.1997, he became qualified to the Post Graduate Degree. This Higher Qualification was acknowledged by the respondent authority and ultimately, by dint of the impugned order dated 24.04.2018, the petitioner was granted Post Graduate Scale of Pay w.e.f. 08.02.1997.

6. The fact remains that in the said impugned order, the respondent authority has granted him benefit of Post Graduate Scale of Pay only notionally and not in actual terms. However, this Court finds that the petitioner having been found to be eligible for grant of Higher Scale of Pay in terms of Post Graduate Scale of Pay would be entitled for grant of actual benefit from the effective date i.e. 08.02.1997

7. The present writ petition is to be allowed with the directions as follows:- i) The impugned order dated 24.04.2018 of the District Inspector of Schools (S.E.), Murshidabad, is hereby modified to the extent that the petitioner should be granted with actual financial benefit and arrear amount of salary with effect from the date of his eligibility to be granted with the Higher Scale of Pay i.e. 08.02.1997. ii) It is assumed that pay fixation has already been made by the said respondent authority pursuant to its order dated 24.04.2018. If not allowed that immediately be made by the respondent as above within a period of three weeks. iii) The arrear salary of the petitioner should be disbursed to him as per the Post Graduate Scale of Pay w.e.f. 08.02.1997 within a period of eight weeks from the date of communication of this order.

8. With the above directions, the present writ petition is disposed of.

9. Urgent photostat certified of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Rai Chattopadhyay, J.)