- (1.) This writ petition has been sent to us by the Hon'ble Chief Justice on the request for a reference made by learned Single Judge of this Court for answering the following questions: 1. Whether the introduction of ROPA, 2009 with effect from 1st January, 2006 and acceptance thereof by the petitioner prevented him from claiming a higher scale of pay on the basis of a Ph.D. degree acquired on 3rd March, 2006? 2. Would paragraph 16(5) of ROPA, 1990/98 still be applicable? The abovementioned questions were referred to us for our answer in the following background.
(2.) The writ petitioner was appointed as an Assistant Teacher in Pahalanpur High School on 23rd December, 2012. At the time of his appointment, his educational qualification was M.Sc. in Botany and B.Ed. While he was in service, he acquired Ph.D. degree. Provisional certificate for his Ph.D. degree was issued by the concerned University on 18th May, 2005. Ultimately, such Ph.D. degree was conferred upon him in the convocation held on 3rd March, 2006. Before the convocation was held, he applied for grant of two additional increments for his Ph.D. degree on 3rd January, 2006. The managing committee of the said school adopted a resolution recommending him for grant of two additional incremental benefits for his Ph.D. degree on 4th February, 2006.
(3.) The concerned District Inspector of schools instead of taking a decision on the petitioner's claim for such two additional increments for his Ph.D. degree, referred the matter to the Director of School Education on 16th October, 2006. The Commissioner of School Education rejected the petitioner's claim for grant of two incremental benefit for his Ph.D. degree on two fold grounds, viz. : (i) Order passed by Justice Jayanta Kumar Biswas in a writ petition and (ii) the West Bengal Schools Control of Expenditure) Act, 2005 stand as a bar in grant of such incremental benefit to the writ petitioner. Such order was passed by the Commissioner of School Education on 12th June, 2007.;