Additional 2 Increments of Teachers for phD
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Relevant judgments rendered by the Hon’ble H.C. of Kolkata in Writ Petitions such as (1) WP No. 4532(W) of 2012 dated 04.07.2012 (Chowdhury Moniruzzaman vs. the State of WB), (2) WP No. 5324(W) of 2012 dated 19.07.2012, (3) WP No. 5239(W) of 2012 dated 19.07.2012, (4) WP No. 5847(W) of 2012 dated 25.07.2012, (5) WP No. 6937(W) of 2012 dated 21.06.2012.
Yes, you can hope to get the benefit if other conditions are satisfied. Pls go through the relevant judgments rendered by the Hon’ble H.C. of Kolkata in Writ Petitions such as (1) WP No. 4532(W) of 2012 dated 04.07.2012 (Chowdhury Moniruzzaman vs. the State of WB), (2) WP No. 5324(W) of 2012 dated 19.07.2012, (3) WP No. 5239(W) of 2012 dated 19.07.2012, (4) WP No. 5847(W) of 2012 dated 25.07.2012, (5) WP No. 6937(W) of 2012 dated 21.06.2012.
With regards.Your right is well protected by law. See the comments passed by the Hon’ble H.C. of Kolkata in Sauvik Ghosh case (No. MAT 940 of 2007 dated 08.04.2008). Also consult the relevant judgments rendered by the Hon’ble H.C. of Kolkata in Writ Petitions such as (1) WP No. 4532(W) of 2012 dated 04.07.2012 (Chowdhury Moniruzzaman vs. the State of WB), (2) WP No. 5324(W) of 2012 dated 19.07.2012, (3) WP No. 5239(W) of 2012 dated 19.07.2012, (4) WP No. 5847(W) of 2012 dated 25.07.2012, (5) WP No. 6937(W) of 2012 dated 21.06.2012.
With regards.Pls see the order passed by the Hon’ble High Court of Kolkata in Writ Petition No. WP 4537(W) of 2012 dated 25.06.2012 whereby direction was issued to the concerned Addl. DI of School to consider the grant of increments to an Asst. Teacher who joined the school in Oct.,2007 after completion of Ph.D. course in January,2007 and, was awarded the degree at convocation held in March,2008. I think this case is appropriate to you.
With regards.I have got PhD Provisional Certificate on relevant subject on 5th January 2005. But the Convocation was held on 24th Dec’2005.The Govt. order dated 5th Jan 2012 whereby ban was imposed on the grant of incremental benefits to the teachers acquiring PhD degree after 18th Aug’2005 cannot be retained and the said Govt. order dated 5th Jan’12 is, thus, quashed by the Hon’ble High Court. In these circumstances, can I get 2 additional increments for my PhD degree?
4532(W) of 2012 dated 04.07.2012 (Chowdhury Moniruzzaman vs. the State of WB), (2) WP No. 5324(W) of 2012 dated 19.07.2012, (3) WP No. 5239(W) of 2012 dated 19.07.2012, (4) WP No. 5847(W) of 2012 dated 25.07.2012, (5) WP No. 6937(W) of 2012 dated 21.06.2012.
From newspapers and your site it appears that, from 4.7.2012 a number of judgments rendered by the Hon’ble H.C. of Kolkata to allow 2 additional increments to the Ph.D. holders regardless of the year of getting the degree.
Did any of those petitioners actually get the benefit after the judgements?
What is the stand of the WB Govt./ finance dept./ education dept. regarding the judgement?
Did any current Govt. order issued regarding this?
Sir,
I am very grateful to you. You told me that I am elegible for two increments. I have sent a lot of letters to D. I. asking for additional two increments . But he did not answer. When I visited him ,he told me that there is no circular from the Government.
Please advice me what can I do.I will await your advice.
Thanking you.Dr.Meghamala Basu(Shome)
Sir,
I am very grateful to you. You told me that I am elegible for two increments. I have sent a lot of letters to D. I. asking for additional two increments . But he did not answer. When I visited him ,he told me that there is no circular from the Government.
Please advice me what can I do.I will await your advice.
Thanking you.Dr.Meghamala Basu(Shome)
Yes, D.I. is correct. D.I. is not the competent authority to allow benefits. He performs duty on behalf of the Director of School Education. Unless there is any Govt. Order issued from the School Education Directorate, giving instructions to D.I.s for release of financial benefits to the eligible teachers D.I.s can’t take any action on the basis of Court verdicts. As soon as the D.I. receives such a prayer from a teacher he may refer the case to the Director of School Education for necessary action. Pls be informed that now a days the court order is case-specific. Govt. takes necessary action in respect of that person who is involved in the particular court case. I mean it is applicable to him for whose favour such verdict is issued. Therefore, though other persons are ‘similarly situated’ they may not be considered by the Govt. Therefore, it is advisable to seek legal justice if you do not get any response from the D.I. despite two/three reminders.
I request you to become a member of https://wbxpress.com/forums/ by registering your name and put all your queries there for detailed discussions with other members.
Best of luck.
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