The State of West Bengal & Ors. v. Satyabrata Mahapatra & Ors

In fact, Punjab & Haryana High Court in the case of State of Haryana etc. – vs.- Smt. Nirmala Mittal, reported in 2008(5) SLR, page 177 did not approve the Government’s idea for giving two different scales of pay to the teachers appointed with Ph.D. Degree and teachers acquired Ph.D. Degree after getting appointment by creating sub- classification amongst the teachers standing on the same footing only by referring to the date of confinement of Doctoral Degree on them. Such classification was held to be arbitrary and irrational as it has no nexus with object to be achieved. Thus, by following the principle laid down by the Punjab & Haryana High Court in the said decision, this Court has no hesitation to hold that the classification which was been made by the Government between teachers, acquiring Ph.D. 6 Degree prior to 18th August, 2005 and the teachers acquired Ph.D. Degree after 18th August, 2005 is also arbitrary and irrational inasmuch as, such classification has no nexus with the object to be achieved. As such, the Government Order dated 5th January, 2012 whereby ban was imposed on the grant of incremental benefits to the teachers acquiring Ph.D. Degree after 18th August, 2005 cannot be retained on record. The said Government order dated 5th January, 2012 is, thus, quashed.”

#5. In the instant case, he was qualified on 4th July, 2005 prior to 18th August, 2005 which is a relevant consideration ignored by Government Order dated 5th January, 2012.

#6. We record our concurrence with the reasons the observation made by Justice Bhattacharya in WP 4532(W) of 2012 decided on 4th July, 2012 in the facts of the case.

#7. Accordingly, the appeal and the application stand dismissed.

#8. However, there shall be no order as to costs.

#9. Urgent Photostat certified copy of this order, if applied for, be given to the parties on usual undertaking. (Siddhartha Roy Chowdhury, J.) (Soumen Sen, J.)