SK.ABU BAKKAR vs STATE OF WEST BENGAL AND ORS.

IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION
APPELLATE SIDE


Present:

The Hon’ble Justice Md. Shabbar Rashidi

WPA 22037 of 2022

Sk. Abu Bakkar

Vs.

The State of West Bengal & Ors.


For the petitioner : Mr. Kazi Sajjad Alam, Adv.
Mr. Mainul Thander, Adv.

For the State : Mr. Subit Majumdar, Adv.
Ms. Shikha P. Chowdhury, Adv.


Heard on : 03.09.2026

Judgment on : 03.09.2026

Uploaded on : 07.09.2026


MD. SHABBAR RASHIDI, J:-
1. The writ petition is directed against an order issued by the
Additional District Inspector of Schools vide Memo No. 1556/U/M
dated January 5, 2011.
2. By the said order, the post graduate scale of pay granted to
the petitioner at the time of his appointment was modified.
According to the earlier order, such scale of pay was granted in
favour of the petitioner from the date of his joining. By the

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impugned memo, it was modified and was made applicable with
effect from a subsequent date. Such order has been challenged by
the present writ petitioner, in this writ application.
3. It is submitted by learned advocate for the petitioner that
such order was passed illegally and arbitrarily without any legal
sanction behind such order.
4. Learned advocate for the petitioner also submits that such
memo, passed by the authorities, has no legal basis and cannot be
sustained. He further submits that the entitlement of scale of pay
which had already accrued to the petitioner in terms of the extant
rules was illegally taken away by the impugned memo.

5. On the other hand, learned advocate appearing for the Sate
respondent submits that the petitioner had joined the post which
was meant for graduates. The petitioner, as a matter of right, cannot
claim the post graduate scale. Learned advocate for the State
respondents submits that the post, joined by the petitioner, required
minimum educational qualification of graduate. The petitioner
having a post graduate degree, cannot automatically enjoy the scale
of pay available for the post graduate posts.
6. The petitioner appeared in a selection process initiated by
the West Bengal Regional School Service Commission in the year
2001. He was qualified and appointed as an Assistant Teacher in

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the Theology Group (M.M.). Accordingly, letter of appointment was
issued by the Secretary, Uluberia Haji Ishaque Darul Ulum
Siddiquia Senior Madrasah on July 14, 2001 . The petitioner joined
in the said Madrasah on July 18, 2001 under M.M.B.A. category.
The service of the petitioner was approved by the District Inspector
of Schools (SE), Howrah by a memo in this regard. It was further
contended by the petitioner that the Additional District Inspector of
Schools (SE), Uluberia Sub-Division by a memo being No.
380/1(3)/U/M dated April 23, 2009 addressed to the Secretary,
Uluberia Haji Ishaque Darul Ulum Siddiquia Senior Madrasah, the
petitioner was allowed post graduate scale of pay in terms of Memo
No. DME, WB No. 1040-MD dated July 17, 2008 and No. 150-MD
dated January 30, 2009 with effect from July 18, 2001 i.e. the date
of joining.
7. Subsequently, the Additional District Inspector of Schools
(SE), Uluberia Haji Ishaque Darul Ulum Siddiquia Senior Madrasah
issued another memo being no. 1556/U/M dated January 5, 2011
addressed to the Secretary, Uluberia Haji Ishaque Darul Ulum
Siddiquia Senior Madrasah. By such memo, the scale of pay of the
petitioner, as an Assistant Teacher of the said Madrasah, modified
the date of effect from July 18, 2001 i.e. from the date of his joining
to take effect from January 1, 2009.

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8. The petitioner made a representation before the authorities
on August 10, 2022 stating inter alia to grant the post graduate
scale of pay with effect from the date of his joining i.e., July 18,
2001 instead of from January 1, 2009. It was further contended
that the Managing Committed of the Madrasah, in its meeting no.
365 dated August 20, 2022, took a resolution deciding therein that
the petitioner is entitled to the post graduate scale of pay from the
date of joining in service i.e., July 18, 2001. All the relevant
documents in support of the claim of the petitioner were submitted
by the Superintendent of Uluberia Haji Ishaque Darul Ulum
Siddiquia Senior Madrasah.

9. The petitioner also made out a case that the Minority
Affairs of Madrasah Education Department, Government of West
Bengal by its Memo No. 1040-MD dated July 17, 2008 had notified
that two years M.M. held from 1998 onwards, be treated equivalent
to Master Degree of different universities for all purposes.
10. The Minority Affairs of Madrasah Education Department
also issued a Memo No. 150-MD dated January 30, 2009 notifying
an Expert Committee constituted by the Government of West Bengal
to examine the equivalent of Kamil and M.M. Course of studies.
The said Committee, after detail deliberation, furnished
recommendations which were accepted by the Committee.

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11. The petitioner also relied upon circular issued by the
Government of West Bengal being No. 735-SE(S)/SP-132/2002.
The said circular which reads as follows :-
“GOVERNMENT OF WEST BENGAL

School Education Department
Secondary Branch
Bikash Bhawan, Salt Lake, Kolkata - 700 091

No 735. SE (S/SP-132/2002 the 3rd June,
2002

From Shri D Basu. IAS
Special Secretary to the Govt of West Bengal
To The Director of School Education
Government of West Bengal

Sub : Granting of Higher Scale of pay to Post-Graduate teacher
selected by SSC as Hons. Graduate.

With reference to his Memo No 1000-GA dated 22.04.2002 on
the above-noted subject, the undersigned is directed to say that
the question of granting higher scale of pay to Hons. Graduate
teachers having Post-Graduate degree in the subjects relevant to
their appointment working in Non Govt aided secondary Schools
and Madrasahs after being selected by concerned School Service
Commission has been under consideration of the State Govt for
some time past.
It is a fact that Hons. Graduate candidates have to compete
with the Post-Graduate candidates on the same set of syllabus
and same set of question papers in the test held by the W.B. S
.S.C. for selection of teachers. Moreover, the W.B.S.S.C. prepares a
single panel in a subject from amongst the selected Hons. and
Master degree holders.

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Upon due consideration of the fact the Govt. in the School
Education Department has decided that Hons. Graduate teachers
of Non-Govt, aided Secondary Schools including Madrasahs
appointed through W.B.S.S.C. who have obtained Post-Graduate
degree in the subject relevant to their appointments prior to their
date of joining in the School/Madrasahs or who have completed
their course of studies at Post-Graduate level in the subject
relevant to their appointment or have appeared at the examination
but result of that examination was not published till the date of
their joining may be allowed higher scale of pay with effect from
the date of joining on the date following the last date of
examination (both theoretical and practical) whichever is later.

The last sentence of para 3 of the G.O. No. 155-SE (B) dated
13th July. '99 (amending GO. No. 25-SE. (B)/IM-102/98 dated
12.02.98) is further amended to this extent

All concerned are being informed

Sd/- D. Basu
Special Secretary”

12. From the materials placed on record, it transpires that the
petitioner was recommended for appointment to Uluberia Haji
Ishaque Darul Ulum Siddiquia Senior Madrasah by memo No.
332/SSC dated December 12, 2001 issued by the District Inspector
of Schools (SE), Howrah. By a writing dated July 14, 2001 the
Secretary of the concerned School invited the petitioner to join the
Madrasah. The joining of the petitioner was approved with effect
from July 18, 2001. By Memo No. 380/1(3)/U/M dated April 23,

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2009. The Additional District Inspector of Schools (SE), Uluberia
Sub-Division, Howrah notified that “in connection with the subject
cited above the undersigned has to state that the post graduate scale
of pay is allowed as per D.M.E., WB No. 1040-M.D. dated July 17,
2008 and No. 150-M.D. dated January 30, 2009 in favour of the
petitioner with effect from July 18, 2001 i.e. from the date of his
joining”.

13. By the impugned Memo, the date of effect of granting post
graduate scale of pay to the petitioner was modified. Such memo is
set out herein for proper appreciation :-
“Government of West Bengal

Office of the Addl.District Inspector of Schools, (S.E.),
Uluberia Sub-Division,Howrah.

Memo No. ...1556/U/M. Dated: 5.1.11

From: The Addl. Dist. Inspector of Schools, (S.E),
Uluberia Sub-Division, Howrah.

TO : The Secretary,
Uluberia Hazi I.D.U.S.Sr.Madrasah,
P.O. Uluberia, Howrah.

Ref.: A.D.I/S. (S.E), Uluberia's No.380/U/M. dated 23.4.09 and
School letter No. Nil, dated 29.10.10.

In modification of A.D.I/S(S.E), Uluberia Sub-Division's Memo
No.380/U/M., dated 23.4.09 and in terms of D.M.E., W.B's Memo
No.1040-M.D.,dated 17.7.08 and Memo No.150-M.D., dated
30.1.09 the undersigned has to state that correction in respect of
the date of effect of P.G. Scale of the under mentioned teachers so
accorded is made as follows:-

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To be read as Instead of

1.Sk.A.Bakkar, M.M.A.T. P.G. w.e.f. 18.7.2001
Scale approved w.e.f.01.1.09.

2. Sk Kamaluddin, M.Μ.Α.Τ. P.G. w.e.f. 18.7.2001
scale approved w.e.f.01.1.09.

3. Md.A.H.Molla,M.M. A.T. P.G. w.e.f. 03.11.2007
scale approved w.e.f.01.1.09.

All teachers be informed accordingly.

Addl.Dist. Inspector of Schools,
(SE), Uluberia Sub-Divn.
Howrah.”

14. From the two memos, it appear that the modification of the
effect of scale of pay granted to the petitioner was based on self-
same memos being 1040 dated July 17, 2008 and Memo No. 150
dated January 30, 2009. There appears to be no specific reason in
the impugned memo under consideration, as to why the date of
effect of grant of post graduate scale of pay in favour of the
petitioner was modified from the date of his joining i.e. July 18,
2001 to January 1, 2009. The said respondent has come up with
an affidavit relying upon a memo being No. 560-MD/O/6M-40/07
dated March 31, 2010 that since the post joined by the petitioner
may have graduates only, the post graduate of scale of pay could
not have been enjoyed by the petitioner automatically. The said
memo reads as follows:

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“Government of West Bengal
Minority Affairs & Madrasah Education Department
Writers’ Buildings, Kolkata – 700 001.

No.560-MD/O/6M-40/07 Date:31.03.2010

NOTIFICATION

WHEREAS MM Qualifications obtained from 1998
onwards have been declared as equivalent to Post Graduate
Degree Vide Notification No.1040-MD dt.17.07.2008; AND
WHEREAS Scale of Pay of (Post Graduate) MM Teachers have
been allowed Rs.6000-12000/- w.e.f. 01.01.2009 vide Notification
No.150-MD dt.30.01.2009;

AND WHEREAS a question has been arisen as to
whether the existing Teachers of Madrasahs holding M.M. (post
1998) qualifications will automatically enjoy the above scale of
Rs.6000-12,000/-;

Now therefore it is clarified that the said existing
teachers will not automatically enjoy said scale as they were not
recruited against vacancy meant for post graduate (MM) degree
holders but they may appear before West Bengal Madrasah
Service Commission against vacancies Notified for post graduate
(MM) teachers as in-service candidate and get the benefit of the
said scale on being selected by the said Service Commission
keeping the other existing benefit obtained by the said teachers
intact.

By Order of the Governor,

Jt. Secy. To the Govt. of West Bengal”

15. As it transpires from the materials on record that the
petitioner joined the post of Assistant Teacher in the year 2001. His

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scale of pay was fixed in terms of Memo No.1040-MD dated July 17,
2008 and Memo No.150-MD dated January 30, 2009 with effect
from the date of his joining i.e., July 18, 2001. Subsequently, the
date of effect of such scale of pay in respect of the petitioner was
revised to January 1, 2009.
16. At the time of hearing of the instant writ petition, the State
respondents has come up before this Court with a Memo which
says that the post held by the petitioner was made for graduate.
The petitioner having post graduate degree could not have enjoyed
the post graduate scale of pay automatically.
17. As it appears, the petitioner had already joined in the post
and carved the scale of pay which had already accrued to him
based on the decision of the State in the form of a Memo. Such right
cannot be taken away by a subsequent notification as relied upon
by the State respondents, being No.560-MD dated March 31, 2010.
The Government circular, being No.735-SE(S)/SP-132/2002 dated
June 3, 2002 clearly laid down that honours graduate teachers of
Non-Government Aided secondary schools including Madrasahs
appointed through WBSSC who have obtained post graduate degree
in the subject relevant to their appointments prior to their date of
joining in the school/ Madrasahs or who had completed their
course of studies as post graduate level in the subject relevant to

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their appointment or had appeared at the examination but result of
that examination was not published till the date of their joining may
be allowed higher scale of pay with effect from the date of joining.
18. It is on the basis of such circular issued by the
Government of West Bengal, the post graduate scale of pay was
granted to the petitioner with effect from the date of his joining, i.e.,
July 18, 2001.

19. In the impugned memo, I find no reason has been assigned
by the authorities to modify the date of effect of the grant of post
graduate scale of pay from a subsequent date.
20. In such view of the fact, the impugned memo issued by the
Additional District Inspector of Schools (SE), Uluberia Sub-Division,
Howrah, bearing No.1556/U/M, dated January 5, 2011, is hereby
set aside.
21. The respondents are directed to grant the petitioner the
post graduate scale of pay with effect from the date of his joining as
Assistant Teacher, i.e., July 18, 2001.
22. The authorities will carry out the directions passed by this
Court in the present writ application within a period of four weeks
from date in respect of grant of pay scale with effect from the date of
his joining together with arrears.

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23. With the aforesaid directions, the instant writ petition
stands disposed of.
24. Urgent Photostat Certified copy of this judgment, if applied
for, be supplied expeditiously after complying with all necessary
legal formalities.

(Md. Shabbar Rashidi, J.)







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