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2012 Supreme(Cal) 350
High Court of Calcutta
J.N. Patel, Sambuddha Chakrabarti, J.
State Of West Bengal – Appellant
Versus
Ranjit Kumar Maity – Respondent
F.M.A. 301 of 2010
Decided on : Apr 25, 2012
Amitesh Banerjee, Anami Sikdar, Aahana Sikdar
Secondary school teachers are entitled to the post-graduate scale of pay only when they obtain a higher qualification in the subject relevant to their teaching/appointment.
Headnote:
POST-GRADUATE SCALE OF PAY - SECONDARY SCHOOL TEACHERS - OFFICE MEMORANDA - INTERPRETATION - The court interpreted three Office Memoranda issued by the Department of Education, Government of West Bengal, to determine the eligibility of a secondary school teacher for the post-graduate scale of pay.
Fact of the Case:
A secondary school teacher with a post-graduate degree in Islamic History, which was not relevant to his teaching subject, was granted the post-graduate scale of pay. Subsequently, the order granting the higher scale of pay was reviewed and canceled with retrospective effect.
Finding of the Court:
The court held that the teacher was not entitled to the post-graduate scale of pay as his qualification was not relevant to his teaching subject and that the order withdrawing the higher scale of pay was justified.
Issues: 1. Whether the teacher was entitled to the post-graduate scale of pay despite his qualification not being relevant to his teaching subject. 2. Whether the order withdrawing the higher scale of pay was violative of the principles of natural justice.
Ratio Decidendi: 1. The court relied on the Office Memoranda issued by the Department of Education, which stipulated that secondary school teachers would be allowed the higher scale of pay on qualification basis only when they obtained such higher qualification in the subject relevant to their teaching/appointment. 2. The court held that the teacher could not avail himself of the benefit of the Office Memoranda as he had obtained his post-graduate qualification subsequent to the issuance of the circulars and that the amendment to the 1981 circular had retrospective effect, which the teacher could not benefit from. 3. The court also held that the principles of natural justice were not violated as the order withdrawing the higher scale of pay was based on the existing government orders and did not require any act or input from the teacher.
Final Decision: The court allowed the appeal and set aside the judgment and order of the learned single Judge, upholding the order withdrawing the post-graduate scale of pay from the teacher.
J.N. Patel, Sambuddha Chakrabarti, J.
1. AGGRIEVED by an order of the District Inspector of Schools (Secondary Education) Paschim Medinipur withdrawing the post-graduate scale of pay the respondent no. 1 herein filed a writ petition. The writ petition succeeded. The learned single Judge directed that the order impugned in the writ petition could not be sustained and the same was set aside with consequential orders.
2. THIS has left the State of West Bengal and its concerned officials aggrieved. The result is the present appeal. The respondent no. 1 was appointed an Assistant Teacher of Bio Science of a secondary school on January 2, 1980. In the year 1982 he obtained the M.A. degree in Islamic History which obviously was not relevant to the subject of his teaching. On an application made by him the District Inspector of Schools (SE) (the appellant no. 3 herein) sanctioned him the post-graduate scale of pay with effect from September 5, 1987. While he was enjoying the post-graduate scale of pay for about a decade the appellant no. 3 issued an order reviewing and canceling the earlier order with retrospective effect with a direction to deposit the amount overdrawn. THIS was assailed in the writ petition.
3. IN this connection we have to consider the relevant portions of three Office Memoranda issued by the Department of Education, Budget Branch, Government of West Bengal. Memorandum no. 372 Edn (B) dated July 31, 1981 is the first of such memoranda. Clauses 2(b) and 2(c) of such memorandum read as follows:
"2(b). All existing Secondary school teachers who have improved their qualifications not relevant to their teaching subjects will be allowed the higher scale on qualification basis after five years' teaching continuing from the date on which higher qualification was obtained."
"2(c). IN future, Secondary school teachers will be allowed higher pay scale on qualification basis only when they obtain such higher qualification in the subject relevant to their teaching/appointment."
4. THE second memorandum no. 253 Edn (B)/IM12/84 dated September 17, 1984 had clarified the earlier office memo of 1981 with regard to the date of obtaining higher qualification. THE third memorandum was issued on September 10, 1991. By this the memorandum of 1981 was again amended with effect from April 1, 1981. Clause 2(b) of the said 1981 office memorandum was amended as follows:
"........ (b) All existing Secondary School teachers who were appointed with higher qualifications in subjects not relevant to their teaching or who improved their qualifications subsequent to their appointment in subjects not relevant to their teaching will be allowed the higher scale on qualification basis with effect from 1st April, 1981 or after five years' teaching counting from the date on which higher qualification was obtained which ever is earlier."
5. THE first memorandum cannot be applied to the respondent no. 1. This circular was issued on July 31, 1981 which stipulated that all existing secondary school teachers who have improved their qualifications would be allowed higher scale of pay after five years' teaching counting from the date on which the higher qualification was obtained. THE use of the tense of the verb clearly showed that this applied only to such school teachers who had by the date the circular was issued had improved their qualifications. THE petitioner obtained his M.A. degree in the year 1982. So he could not avail himself of the benefit of this circular. So far as it is applicable to the case of the petitioner, by the 1991 amendment the said memorandum was amended to the effect that the existing Secondary School teachers who had improved their qualifications subsequent to their appointment in subjects not relevant to their teaching would be allowed higher scale of pay on qualification basis after five years' teaching counting from the date on which the higher qualification was obtained.
6. THE learned single Judge while allowing the writ pet
