BASISTHA MUNI OJHA Vs. STATE

JUDGEMENT

(1.) This writ application is directed against an order passed by the respondent No. 3 under his memo No. 98/(4)/Law dated April 18, 2013. By virtue of the impugned order, the respondent No. 3 rejected the claim of benefit of two additional increments in his favour in connection with his services as an assistant teacher of Shree Balkrishna Vithalnath Vidyalaya, District Kolkata on the following grounds:

(2.) Having heard the learned Counsel appearing for the respective parties as also after considering the fact and circumstances of this case, I find that awarding of two additional increments to an assistant teacher of a Recognized Non-Government Aided Educational Institution for obtaining Ph.D degree depends upon the Government Order issued under memo No. 37-SE/ES(S)/5P-37-2010 dated January 5, 2012 but the above Government Order has been quashed and set aside partially so far as the cut off date of extending the above benefit is concerned. According to the above Government Order,(as it stands after partial setting aside) an assistant teacher having the basic qualification of honours degree in relevant subject and subsequently improving his qualification by acquiring Ph.D degree is entitled to get the benefit of two additional increments.

(3.) After perusing the materials on record as observed hereinabove, I find that the petitioner fulfills the above criteria. The ground mentioned in the impugned order for formation of opinion is extraneous consideration in the light of the provisions of the Government Order under reference.