April 28, 2012 at 5:31 pm #67417
An AT of secondary aided school joined as B.sc.(Hons.) On 19-9-2009. She completed Msc.part-I in relevant subject before joining. Afterwards, getting permission from school MC, she appeared for Msc.part-II, the leave sanctioned as study leave by wbbse. Permission from DI/s (SE) not taken. She passed the part-II. Now DI/s is not sanctioning her PG scale. What should be done , reply kindly.April 29, 2012 at 5:53 pm #72237
I am posting the relevant G.O. for discussion over the matter.
https://askwb.com/topic/g-o-for-higher-studies-of-teachers/April 29, 2012 at 6:01 pm #72241
Permission from DI/s (SE) not taken. She passed the part-II. Now DI/s is not sanctioning her PG scale. What should be done , reply kindly.
Now lets look at the para 3 of the aforesaid Order.
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.
I am sorry to say that nothing can be done as she didnt followed the procedure correctly.April 30, 2012 at 3:27 pm #72251
It is to be mentioned that the teacher was already enrolled to enhance her qualification and moreover, she passed the part-I exam before joining. She has to complete the part-II after joining. As the part-I & part-II are the integral part of the same & one exam ; was it necessary to seek prior permission. If part-II would be the separate exam ; then question of seeking permission arise. Now suggest, will there be any positive result pursuing court-case. Remember it is not the case of enhancing degree after joining, rather, this matter is a continuous process.April 30, 2012 at 4:31 pm #72254
Ya. Its the fact that its a continuous process but para 4 of the aforesaid Order will clear your doubt I think.
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 ‘Offender’ under West Bengal Schools (Control of Expenditure) Act, 2005]
It is also the fact that she entered the service having graduate degree. So I dont think that Court case will be helpful in this case. Lets see whats our other friends say.April 30, 2012 at 4:57 pm #72256
This order is now under injunction of Honourable High Court of West Bengal.April 30, 2012 at 5:24 pm #72258
Sorry to say that para 4 of the aforesaid Order depicts on Graduate degree ( Pass), not Hons. degree. So this does not hold good in this case.Thanks.April 30, 2012 at 6:49 pm #72263
Oh. I see. She is an Hons. graduate. You are right Mr. Bhowmik. Better wait and see what our Hon’ble Court say. We personally opposed this order previously. I am quoting the same below and giving you the link. Please have a look there.
We should protest this kind of policy. What can we do is to draw kind attention of the Govt. Let all the members of this community get together to oppose this kind of order. I would like to request all the members to put their comments regarding the matter and lets see what can we do by accumulating our power.November 8, 2012 at 7:27 pm #75196
Dear Mr. Bhowmik,
Prior permission of D.I. is required if the teacher completes his course after joining the school as well as after issuance of the G.O. 593-SE dated 27.11.2007.
Pls go through the following High Court judgment which is relevant to your case:
“2569W/2011 on 14 December, 2011
Author: Jyotirmay Bhattacharya
The petitioner was appointed as an Assistant Teacher in Computer Science in a post earmarked for the Hons/PG candidates in Gajol H. N. M. High School (H.S.) on 18th September, 2008. The service of the petitioner as an Assistant Teacher in the said school was approved by the concerned District Inspector of Schools on 1st December, 2008. At the time of his appointment his educational qualification was B.Sc.(H) in Computer Science. Admittedly, he completed fourth semester in M.C.A. course even before he joined his service in the said school. With the permission granted by the managing committee of the said school, the petitioner appeared in the fifth and sixth semester examination and ultimately he came out successfully by acquiring M.C.A. degree. The resolution which was adopted by the managing committee granting him permission to appear in the fifth semester was also forwarded to the concerned District Inspector of Schools inviting him to grant permission at the earliest.
Admittedly, no permission was granted by the concerned District Inspector of Schools permitting him to appear either in the fifth or in the sixth semester of M.C.A. examination.
After enhancing educational qualification by acquiring M.C.A. degree, the petitioner prayed for a higher scale of pay for his enhanced qualification. The school authority also recommended him for grant of higher scale of pay for his enhanced qualification. Since the petitioner’s prayer for grant of higher scale of pay for his Post Graduate qualification was rejected by the concerned District Inspector of schools, the petitioner has come before this Court with this writ petition challenging the said order of the concerned District Inspector of Schools. The petitioner’s prayer for grant of higher scale of pay was rejected by the concerned District Inspector of Schools by referring to the provision of Section 14 of the West Bengal Schools (Control of Expenditure) Act, 2001 read with G.O. No. 593-SE dated 27th November, 2007.
Mr. Bari, learned Advocate, appearing for the petitioner submits that Section 14 of the West Bengal Schools (Control of Expenditure) Act, 2005 cannot stand in the way of granting higher scale of pay to the petitioner. In support of his submission, he referred to provision contained in Section 14(3) of the said Act which provides that every teacher of a school shall, if appointed in the Honours Graduate or Post Graduate teacher category, be entitled to draw pay of Post Graduate teacher category upon acquiring Post Graduate degree in the manner as may be specified by the order.
Let me now consider as to whether the petitioner acquired the said Post Graduate degree in the manner as specified by the Government order. The relevant parts of the Government Order which was issued by the Government in this regard under G.O. No. 593-SE dated 27th November, 2007 are set out hereunder :
“1. Al 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 enroll themselves and to appear for any examination for enhancement of educational 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. 3
2. The applicant-teacher thereafter, will, if necessary, 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.”
On combined reading of the aforesaid provisions of the Government Order, this Court is of the view that if any teacher wants to improve his qualification by enrolling himself and appearing in any examination in the higher course of studies, then he is required to seek prior permission from the managing committee of the said school. Para 1 of the said Government Order makes it clear that the managing committee is the competent authority to grant such prior permission. If such prior permission is granted by the managing committee, then the managing committee is required to forward its decision to the concerned District Inspector of Schools. The said provision is silent about the requirement of grant of prior permission by the District Inspector of Schools. The said provision, thus, makes it clear that the permission of the District Inspector of Schools is not necessary either for enrolling or for appearing in any examination for enhancement of educational qualification. But the provision contained in para 3 of the said Government Order makes it clear that when a teacher is desirous of enhancing his qualification for getting higher scale of pay or additional increment, he is required to take the prior permission from the concerned District Inspector of Schools through the managing committee of the said school.
Thus, on combined reading of the provisions contained in the para 1 & 3 of the said Government Order, it appears that if a teacher wants to improve his qualification without claiming higher scale of pay and/or additional increment he is not required to take prior permission from the concerned District Inspector of Schools, but when a teacher wants to improve his qualification with an intention to get higher scale of pay and/or additional increments, he is required to seek prior permission from the concerned District Inspector of Schools as the provision contained in para 3 of the said Government Order is attracted in such cases.
Under such circumstances, this Court holds that that the concerned District Inspector of Schools did not commit any illegality in rejecting the petitioner’s prayer for higher scale of pay for his enhanced qualification as admittedly the petitioner did not acquire the higher qualification after obtaining prior permission from the concerned District Inspector of Schools.
The writ petition, thus, deserves no merit for consideration. The writ petition, thus, stands rejected.
(Jyotirmay Bhattacharya, J.)”
SOURCE: http://www.indiankanoon.org/doc/113583720/?type=printNovember 9, 2012 at 7:13 pm #75213
The Hon’ble Kolkata High Court, in W.P.16610 (W) of 2003 dated the 23 April, 2009 (Dr. Sankar Kumar Dalui case), has observed the noble objective of grant of financial benefits to the teachers on improvement of qualifications:
“No Government policy has been brought to the notice of this Court which says that even when a teacher has been held to be entitled to better financial benefits by reason of enhanced qualification, the same may not be extended to him simply because the same would result in drawal of higher pay than what has actually been drawn by him. In fact, there can be no such policy and even if there is one, the same must be ultra vires Article 14 of the Constitution. Higher scale of pay is given only to a deserving few on enhancement of qualification relevant to the teaching subject. According to Government policy, a teacher is encouraged to enhance his educational qualification (be it post- graduate or doctorate) so that he is in a position to impart lessons of better quality to the students. What the teacher gets in return is a pay package better than his colleagues who do not have to their credit the same qualification. A teacher who is a post-graduate or doctorate degree holder cannot be treated at par with a graduate teacher. Unless incentives are given, no teacher would feel the urge of enhancing his qualification, which in turn could prove beneficial to the students. A teacher of a recognized non-government aided School like the petitioner, who has during his service career enhanced his qualification, cannot be subjected to shabby treatment as in the present case. Technicalities cannot stand in the way of such benefit being granted.”
Therefore it’s not clear why is there so many conditions laid down in the G.O.s for claiming the relief on enhancement of qualifications!
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