Pay Scale

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.

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.

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.

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=print