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what are the criteria to up grade my scale from pass to pg category in a higher secondary school? & how will i proceed?
date of joining: 16/09/2009
scale: pass scale
post: assistant teacher
m.s.c: final exam was before my joining, and result published after 1 month of my joining
north bengal university
please mention corresponding G.O. and other requisite orders in details
As per rules 14(1) & 14(2) of the Control of Expenditure Act,2005 a teacher appointed in the post of Undergraduate/Graduate teacher category is not eligible to get higher scale for acquiring any qualification other than the qualifications specified for such post.
So, you are not eligible to get PG scale for getting PG degree.
Pls see the relevant posts from the following link:
Prospect of Pass Graduate Teachers
what was the matter for Keya Maiti , from Rambhadrapur high school,paschim midnapure, who has upgraded her post from pass scale to pg scale, which is published on 30 th jan 2013, in anandabazar patrika,,,
Following is the Keya Maity case:
“1106W/2008 on 20 June, 2012
Author: Joymalya Bagchi
W. P. No. 1106 (W) of 2008
( Mrs. Keya Maiti @ Guchait -vs- State of West Bengal & Ors. ) Mr. Sanat Chowdhuri … for the petitioner. Mr. Kalimuddin Mondal,
Mr. Parijat Som … for the State-respondents. This writ petition has been filed by the petitioner who was appointed in the concerned school on 21st April, 2004 with graduate degree in Physical Education and in the graduate scale of pay. After such appointment, the petitioner obtained higher educational qualification, namely, Master Degree in Physical Education in 2004. Thereafter, the petitioner in 2007 made an application to the school authorities to recommend her case for higher pay scale for acquiring higher qualification under the relevant ROPA provisions applicable to the petitioner. The school authorities in the meeting dated 3rd October, 2007 turned down such request, inter alia, on the ground that such claim of the petitioner was not permissible in view of the West Bengal Schools (Control of Expenditure) Act, 2005 (hereinafter referred to as “the Act of 2005”). Hence, the petitioner filed the instant writ petition.
Mr. Chowdhuri, learned counsel appearing for the petitioner, submitted that the petitioner having acquired higher qualification in 2004, the Act of 2005 which had come into effect from 27th December, 2005 cannot apply to her case. He, therefore, prayed that appropriate direction be issued to the school authorities to forward the prayer of the petitioner for higher scale of pay under the relevant ROPA applicable to the petitioner at that material point of time.
Mr. Mondal, learned counsel appearing for the State- respondents, fairly admitted that in view of the fact that the higher educational qualification had been acquired prior to the Act of 2005 coming into force, the said legislation cannot regulate the claim of the petitioner. He, therefore, prayed that appropriate orders be passed. I have heard the respective submissions of the parties and considered the materials on record. In the light of the admission made by Mr. Mondal, learned counsel appearing for the State-respondents, I set aside the decision of the school authorities taken in the meeting dated 3rd October, 2007 not to recommend the case of the petitioner in view of the provisions of the Act of 2005. I direct the school authorities to recommend the prayer of the petitioner for higher scale of pay on acquiring the higher educational qualification in the light of the relevant ROPA provisions applicable to the petitioner. The recommendation so made to respondent no.3 shall be considered by him in accordance with law and he shall pass a speaking order thereon within four weeks from the date of recommendation in terms of this order.
With the aforesaid directions, the instant writ petition is disposed of. There shall not be any order as to costs.
( JOYMALYA BAGCHI, J. )”
Source: http://www.indiankanoon.org/doc/93678694/?type=print
Pls note the following contention:
Mrs. Keya Maiti joined the school with B.P.Ed. in April,2004 and obtained M.P.Ed. in 2004 also. That is to say that she got P.G. degree in Physical Education before 27.12.2005 when the Control of Expenditure Act,2005 became effective. Therefore, the provisions contained in the said Act were NOT applicable in her case. Contrary to the Keya Maity case, you joined the school in 2009 as a pass graduate teacher and thereafter got higher qualification. Therefore, your pay was regulated by the provisions of the Control of Expenditure Act,2005.
A friend of mine joined as an A.T in Hons/PG post in 2008. At that time he only had his Hons. Degree. In 2012 he completed his master degree in the same subject. But he didn’t take the permission of m.c and d.i. Will he the p.g scale? Or is there any procedure to get it?
Prior approval of D.I. for enhancement of qualification and claim of financial benefit is ESSENTIAL. Pls see the G.O. 593 dated 27.11.2007. So, in your case, enhancement of GP for acquiring higher qualification WITHOUT permission of D.I. may not be granted.