Permission of D.I. for improvement of qualification
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September 22, 2012 at 3:04 pm #67905
Anonymous
InactiveRe: Permission from D.I.
The G.O. No. 593-SE / ES/O/B/1M-98/2007 dated 27.11.2007, which was issued by the School Education Deptt. (Secondary Br.), specifies the manner in which an Asst. Teacher (Hons./PG) will be entitled to claim 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.
Was there any such G.O.issued before 27.11.2007, regarding essentiality of requirement of prior permission from D.I. (SE) of School for enhancement of qualifications of Asst. Teachers (Hons./PG) and claiming monetary benefits?
The context of my above query is to adjudge the eligibility of my wife for incremental benefits on acquiring Ph.D. degree in year 2009. She joined the post of Asst. Teacher (Hons./PG) (permanent) in an aided Higher Secondary school on 02.12.2002 through SSC. She was a M.Sc.(Zoology) & B.Ed. at the time of SSC selection. Just before joining the school she qualified NET exam.(UGC-CSIR ) for research works and lectureship. She started doing Ph.D. in the University as a registered Research Scholar (Part-time) without fellowship, with prior permission from M.C. of School from 21.01.2004 . No prior permission was taken from D.I.. Nor the school forwarded the necessary papers to D.I. simply because of the fact that the H.M. and other senior teachers, who are Ph.D. holders, were of the opinion that permission from D.I. was not necessary. They assured that they also did Ph.D. in 1995 or before without prior permission from D.I. and got additional increments! However, she intimated the D.I. through proper channel on 18.02.2008, regarding the matter of submission of thesis in near future and requesting him for taking necessary action. No reply from D.I.! She waited for few months and finally submitted Ph.D. thesis on 04.11.2008 and, was awarded on 03.09.2009. She claimed the benefits, awaiting reply!Friend,
Let me understand the fact :
a) Joined on 02.12.2002
b) Started Ph.D. : 21.01.2004
c) Got prior permission from MC before starting research work —- but, no order from DI. nor school forwarded the papers to DI.
d) Forwarded papers to DI through proper channel on 18.02.2008.( i.e. after about 4 years)
e) No reply from DI.
f) submitted thesis papers on 03.09.2009.
Now, my observation goes like this :
a) It is no fault from the Teacher concerned.
b) The teacher applied for and got the prior permission from the MC who relied upon their previous experience and not on prevailing GO, and did not forward the required papers to DI for prior permission.
c) After receiving the relevant papers from the school, the DI did not response even after one and half years.
Now, in my opinion, the teacher should be allowed prior permission by the DI and thereafter the financial benefit.
Let the ball be thrown to court.September 23, 2012 at 4:10 pm #74371InactiveRe: Permission from D.I.
According to Control of Expenditure Act 2005 , Notification No. 2050-L dt.18/08/2005 the Ph.D.(In the same subject in which he/she is apponted) will not be entitled to get the 2 Addl. Increments.
According to G.O.No. 2062-SE(M) dt. 09/11/2001 who has been appointed recommended by the SSC, is not allowed to get such 2 Addl.Increments.
Dear Donyi-polo Babu,
A Ph.D (English,2008) holder is known to me who is now a Headmaster of a school. I called him on phone to view your quarry to want the true fact about it. In reply he said to me-” he applied to the D.I. for the financial benefit.The D.I.(SOUTH 24 PGS.) deny to allow such benefit and has given advice to go to the Court. The teacher also told me that the High Court has given order to allow such benefit against an appeal, but he could not say the date of order and for whom ( the name of sufferer.)
I furnish this information for you. Thank you.September 23, 2012 at 7:44 pm #74378InactiveRe: Permission from D.I.
Dear Mihir Babu,
According to the Kolkata High Court and the Joint Secretary, Ministry of School Education, an AT (Hons/PG) who have got Ph.D. degree even after enactment of Control of Expenditure Act,2005 in August,2005 are eligible to get two additional increments. I have no doubt in this matter. I have already discussed it in this forum. Pls see the link which may help your friend aslo, who have got Ph.D.(English) in 2008.
https://wbxpress.com/topic/two-addl-increment-for-ph-d/
https://wbxpress.com/topic/addl-increment-for-ph-d-degree/
But, I am interested to know whether there is any G.O. issued before issue of G.O. No. 593-SE / ES/O/B/1M-98/2007 on 27.11.2007, which makes it necessary to seek prior permission from D.I. for enhancement of qualification!
I have studied at least 20 recent court verdicts on the issues related to claim of increments for obtainment of higher qualifications – P.G. or Ph.D. But, it is not clear to me whether there was any such G.O. or not! I am telling because her (my wife) H.M. (awarded Ph.D. in Maths. in 1995) and other senior colleagues (also got Ph.D. before 1995) suggested her not to go for prior approval from D.I. as it was not necessary that time. Permission only from M.C. was enough. They also told that such grant of monetary benefits was stopped because of some unknown reasons ! Unfortunately, no body has seen any G.O. in this regard.
Admissibility of monetary benefit for Ph.D. was never stopped by any G.O. before 2005. It was a mere rumor! From the court verdict on Moniruzzaman case it is clear that the Joint secretary, Ministry of School Education hiself, in his official correspondence to the Director of Education on 1st Sept,2011, expressed that Rule 16(5) of CAS of ROPA,1998 always allows an AT (Hons/PG) to claim incremental benefits for Ph.D. degree.
Can you please supply the G.O. 2062-SE(M) dtd 09.11.2001, which doe not allow any benefit for Ph.D. award!
With regards.September 24, 2012 at 4:34 pm #74411InactiveRe: Permission from D.I.
Dear Mihirbabu,
I agree with you that scope for getting benefit on the basis of obtainment of Ph.D. degree was not there in Control of Expenditure Act,2005.
Control of Expenditure Act 2005 provides that:
“14.
(1)………………..
(2)………………..
(3) Every teacher of a school shall, if appointed in a 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.”
In pursuance of the provisions of Secn. 14(3) of the said Act the G.O. No. 593-SE / ES/O/B/1M-98/2007 dated 27.11.2007 was issued to elaborate the scope of application of Secn.14(3). It follows that:
“The School Education Department, Government of West Bengal considers it necessary to publish an order specify 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.…………………………………………………
……………………………………………..
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 the 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..
………………………………………………….
…………………………………………………..”.
It is noteworthy that the benefits of acquisition of “Higher Diploma, Degree” after passing of P.G. is an additional inclusion in the G.O. which gives scope for enhancement of qualification of P.G. teachers for claiming the monetary benefits. Such provision is not there in the Section 14(3) of the Act. Probably this follows the Rule 16(5) under CAS of ROPA,1998 which gives opportuinity to the P.G. teachers to go further higher level of education after P.G. degree.
G.O. dated 05.01.2012 which restricts the benefit of Ph.D. up to the date of enactment of Control of Expenditure Act was set aside by the Court.
With regards.September 25, 2012 at 1:46 am #74425InactiveRe: Permission from D.I.
@ donyi_polo
will you plz upload the order that set aside the G.O. 37 SE dt 5.1.12, not the newspaper cutting.
or
even the WP no. / date of such order /honbl justice name.September 25, 2012 at 3:31 am #74429InactiveRe: Permission from D.I.
পশ্চিমবঙ্গ সরকার
বিদ্যালয় শিক্ষা বিভাগ
মাধ্যমিক শাখা
বিকাশভবন,বিধাননগর,কলকাতা-৭০০ ০৯১
পত্রাংক ২০৬২- বিদ্যালয় শিক্ষা (মাধ্যমিক) তারিখ,৯ই নভেম্বর,২০০১
প্রেরক -শ্রী পি ,কে ,ভট্টাচার্য্য
সহ-সচিব,পশ্চিমবঙ্গ সরকার
প্রাপক -বিদ্যালয় শিক্ষা অধিকর্তা,
পশ্চিমবঙ্গ সরকার
বিষয়- পি, এইচ, ডি, ডিগ্রীর জন্য অতিরিক্ত আর্থিক সুযোগ পাওয়ার আবেদন ।
উপযুক্ত কর্তৃপক্ষের নির্দেশে বিদ্যালয় শিক্ষা অধিকর্তার বিগত ২৫/০৯/২০০১ তারিখের ২৩৪২-জি, এ, ৪ জি ৩০৮/৮১ নং চিঠির আলোচ্য বিষয় সম্পর্কে জানানো যাচ্ছে যে, যে বেতনক্রম অনুযায়ী বিদ্যালয় কৃত্যক আয়োগ থেকে প্রার্থী মনোনীত হয়েছেন, সেই বেতনক্রমই তাঁরা পাবেন । এখানে পি, এইচ, ডি, ডিগ্রীর জন্য অতিরিক্ত সুযোগ তাঁরা পাবেন না । এটাই বর্তমান ধরে নিয়ে সিদ্ধান্ত গ্রহণ সঙ্গত ।
স্বাক্ষর
সহ-সচিবSeptember 25, 2012 at 1:58 pm #74445InactiveRe: Permission from D.I.
Sir, You have certainly seen the Circular No. 37-SE/ES(S)/5P-37/2010 dated-05/01/2012. In this circular the additional 2 increments for Ph.D. holder is being granted.September 25, 2012 at 4:10 pm #74451InactiveRe: Permission from D.I.
@ donyi_polo
will you plz upload the order that set aside the G.O. 37 SE dt 5.1.12, not the newspaper cutting.
or
even the WP no. / date of such order /honbl justice name.Dear Mr. Bikash,
I discussed the matter earlier on the 18th Aug. Pls see the link:
https://wbxpress.com/topic/two-addl-increment-for-ph-d/
Hope it would help!
Thank you.September 26, 2012 at 4:42 am #74474InactiveRe: Permission from D.I.
Sir, You have certainly seen the Circular No. 37-SE/ES(S)/5P-37/2010 dated-05/01/2012. In this circular the additional 2 increments for Ph.D. holder is being granted.
Dear Mihirbabu,
Many many thanks to you for supply of the G.O. of year 2001.
Anyway, the G.O. dated 05.01.2012 allows increments to only those teachers who got Ph.D. degree before 18th August,2005 i.e. the date of publication of Control of Expenditure Act,2005. But, according to the High Court, such discrimination between the teachers obtaining the degree before and after promulgation of the Act is not supportable. Moreover, there is no such restriction mentioned in Section 14(3) of the Act. The provision of rule 16(5) of CAS of ROPA,1998 regarding incremental benefits to the teachers for holding Ph.D. degree still continues to be valid. A G.O. basically contains administrative instructions in relation to observance of Act/rules etc. It has statutory power as long as it works within its jurisdiction (“intra vires”). If it encroaches on / surpasses the power of any Act/ rule it certainly loses its base in the eye of law and becomes “rejected” by the Court on the ground of becoming “ultra vires” provision.
G.O.s are not rules at all – they are merely some administrative instructions/ clarifications in regard to the manner of proper observance/ implementation of Acts and Rules.
A G.O. has no power to change an Act/ Rule. It cannot do anything which is not there in the original Act or Rule. It has no power to create hardship to an Act/Rule. If it does anything by going beyond limitation of its own “vires” (power), it’s legality and propriety are challenged and, it is set aside by the Court. A decision(s) is passed in the Assembly (in case of State) or in Parliament (in case of the Centre) and approved by the Governor or the President, as the case may be, becomes an Act. Rules are formed under the special provisions of some Sections of Act and are basically elaboration of that particular Section. A Section of an Act or a Clause of a Rule formed therefrom can only be changed by introduction of another Section or rule only through amendment and its Gazette Notification, on the basis of agreement of the majority of the Members in the Assembly/Parliament and subsequent approval of the Governor/ the President. A G.O. has no such power to change the provisions of Acts/Rules.
I am not a legal expert. The matter needs to be clarified further in a more convincing way by legal experts.
Is there any G.O. published before 2007, which prescribes requirement of permission from D.I. for enhancement of qualifications?
I am now only interested to see that G.O., if any.
I think, your friend with Ph.D. in Eng.(year 2008) and teaching as a H.M. may be eligible for the benefit if other conditions are satisfied.
With regards.October 31, 2012 at 4:06 pm #75069InactiveRe: Permission from D.I.
Dear Mr. Chakrabarty,
I also think that knocking the door of the Court would be the next step. But, that’s not ultimate. There are several favourable verdicts in this matter but, no fresh G.O. to this effect has been issued yet. D.I. can’t take any decision unless there is any such G.O. from Education Dept.
Anyway, her school did not forward the documents NOT merely on the belief that permission from D.I. was not necessary. The HM & other senior teachers also relied on the G.O.No. 2062-SE(M) dt. 09/11/2001 which created an embargo for grant of increments on acquisition of Ph.D. degree after the recruitment system through SSC came into force. The school came to the conclusion that since the system of grant of monetary benefits for Ph.D. was abolished involvement of D.I. in this case was not necessary. Permission from M.C. was enough for enhancement of qualification WITHOUT FINANCIAL GAIN. Probably, there was no such G.O. that time which necessitated D.I.’s permission. Since she submitted the Ph.D. thesis on 03.09.2009 i.e. after issuance of G.O. No. 593-SE on 27.11.2007 she was then required to take such permission from D.I. It was the responsibility of the MC to forward all the papers to D.I. for necessary permission as soon as the G.O. No. 593-SE became effective. Anyways, the papers finally reached the D.I. office.
But, the question is whether D.I. would accept it or not if the delay is due to M.C.!
It is very much pertinent to say that the School Education Dept. created a lot of confusions by issuing contradictory G.O.s.
(1) Provision for grant of financial benefit to the Assistant Teachers (Hons./PG) for Ph.D. degree in relevant subject was also there in Rule 12(5) of ROPA,1998. It was never stopped.
(2) However the G.O.No. 2062-SE(M) dt. 09/11/2001 created a bar to such scheme. Here is the contradiction!
(3) Again, there was no mention of grant of relief for higher qualification like Ph.D. degree to ATs (Hons./PG) in Rule 14(3) of Control of Expenditure Act,2005 although such provision was there in ROPA,1998. But, the G.O. No. 593-SE / ES/O/B/1M-98/2007 dated 27.11.2007 again created confusion by making provision for incremental benefits for acquisition of “Higher Diploma, Degree” after getting P.G. qualifications. This is an additional inclusion in the G.O. This was not there in Rule 14(3) of Control of Expenditure Act.
(4) From few court verdicts it has come to our knowledge that the Joint. Secretary, in his letter dated 01.09.2011 addressed to the DSE, viewed that no section of the Control of Expenditure Act,2005 can restrict the grant of additional increments to an AT who acquired Ph.D. degree in terms of ROPA,1998. If so, what about the validity of G.O. 2062-SE(M) dt. 09/11/2001 which overpowered the provision of ROPA,1998.
(5) G.O. 37-SE dated 05.01.2012 again made discrimination amongst the teachers having Ph.D. degree. Those who got the degree on and before 18.08.2005 are ONLY eligible for increments as per ROPA,1998. Another complication! There was NO such discrimination either in ROPA,1998 or in Control of Expenditure Act. Moreover, if provision of ROPA,1998 still continues to be valid till 2005 how did G.O. 2062-SE(M) dt. 09.11.2001 create a bar to such scheme since November,2001?
(6) G.O. 37-SE dated 05.01.2012 was again set aside by the Hon’ble High Court because of its arbitrary & discriminatory provisions.
Therefore the Hon’ble High Court did not see any legality/propriety of the contradictory G.O.s which were published from time to time and created confusion.
The G.O.s contained such provisions which interrupted the operation of original rules and vitiated the objectives for which such rules were made initially. These are the ULTRA VIRES provisions of G.O.s. This is not tenable in law.
D.I. has nothing to do. Decision is to be taken by the DSE who is the Competent Authority in this case.
With regards. -
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