JUDGEMENT
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(1.) The writ Petitioner by way of a writ petition came up before this Court in the matter of inaction on the part of the Respondents in granting necessary two additional increments to the writ Petitioner on completion of his Ph.D. degree.
(2.) The facts stated in brief are that the Petitioner was appointed as an Assistant Teacher of Kalyani Pannalal Institution since 8th July, 1992. Since 20.04.2004 he was appointed as the Headmaster of the Santipur Municipal High School and the Respondent No. 3 accorded approval to the said appointment. He applied before the concerned authority for granting necessary permission for doing Ph. D. degree in Education and the Respondent No. 4 allowed him to continue the research work of Ph.D. Thereafter, the Petitioner duly qualified in the Ph. D. degree on 27.04.2007 and the same was intimated to the Respondent No. 4 for incorporation of the degree in his service record. The school authority also forwarded the papers of the Petitioner to the Respondent No. 4 for granting two additional increments in favour of the Petitioner, but the Respondent No. 2, the Director of School Education, rejected the prayer of the Petitioner for granting two additional increments on account of his enhancement of Ph. D. degree, hence, this writ petition.
(3.) It is contended by the learned Advocate, appearing on behalf of the Petitioner that the Petitioner obtained necessary permission for doing Ph. D. research work from the concerned authority and after getting the Ph. D. degree, the matter was intimated to the Respondents concerned for incorporation of the degree in the service record of the Petitioner and a prayer was made for granting him two additional increments for such degree. He has drawn my attention to memo No. 33-Edn (B) dated 07.03.1990, Paragraph 16(5), which provides that "Secondary teachers, Headmaster / Headmistress with Doctorate Degree I the subject taught or in an allied subject shall get two additional increments from the date of the convocation on which such degree is awarded. Provided that those who obtained this degree prior to the date of coming over to the revised scale shall get two additional increments from the date with effect from which they elect to draw pay in the revised scales.";
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