Primary school teachers of Municipalities are not entitled to the benefit of career advancement scheme under the ROPA Rules, 1990, unless specifically extended by the State Government.

Ashok Kumar Mathur, CJ.

1. This is an appeal directed against the order passed by learned Single Judge dated 25.8.1999 whereby the learned Single Judge has allowed the writ petition and observed that the primary school teachers working in the Bhadreswar Municipality Schools shall be entitled to benefit of career advancement scheme and Bhadreswar Municipality shall be entitled to be reimbursed by the State for the amount paid to such teachers. Aggrieved against this order the State of West Bengal has filed an appeal which came to be registered as MAT No.1345 of 2000. Another appeal has also been filed by the Bhadreswar Municipality against the same herein which came to be registered as MAT No.3379 of 1999. Since both these appeals arise out of the same order, therefore they are being disposed by the common order.

2. The brief facts which are necessary for disposal of both these appeals are that all the writ petitioners are primary school teachers in different schools under the Bhadreswar Municipality and they were given benefit of career advancement scheme and their pay scales were revised. They were fixed in pay scale from the 1st April, 1984 as a primary school teacher. Thereafter when the revision of pay was under taken in 1990 their pay scales were re-fixed from 1st January, 1988 and they were also given the benefit with effect from 1st April, 1986. As State Government has introduced a career advancement scheme in the Revision of Pay Scale and Allowances Rules, 1990 (for short ROPA Rules, 1990) the same benefit was also extended to these primary teachers of Bhadreswar Municipality. But the Municipal Authorities subsequently started making deduction from their salaries of payment made to them towards Career Advancement Scheme because State Government informed the Municipality that no sanction has been given for granting of career advancement scheme to the primary school teachers of Municipalities. Therefore, the Municipality has refused to grant career advancement increment to them. It is alleged that teachers made protest and the teachers were assured by Chairman, Bhadreswar Municipality that they will be paid the arrears of salaries in respect of career advancement scheme in due course of time. But suddenly on 6th September, 1994 a communication was issued by the Chairman of Bhadreswar Municipality to the Joint Secretary, Bhadreswar Puorasabha Prathamick Sikshak Samity that the Government of West Bengal has not allowed any payment of career advancement increment to Municipality primary teachers by the communication dated 22.9.1992. Therefore Municipality have to realize the excess amount already paid to these teachers and it was also clarified that payment of salaries would be made on the basis of Government decision. The petitioners' association, as well as, the Chairman protested the action, but without result, therefore, teachers filed the present writ petition challenging the orders dated 6th September, 1994 and 10th September, 1994. The writ petition was opposed by the Bhadreswar Municipality. The contention of the Municipality was that they have no objection to grant career advancement increment to these teachers but because of the fact that State of West Bengal has declined to extend this benefit to such employees the career advancement increment, same cannot be given to the petitioner. Therefore, in pursuance of the communication received from the State of West Bengal this benefit was withdrawn. The Municipality tried to plead with the Government but without any result. It is also submitted that this benefit of career advancement scheme was given to the petitioner on the clear understanding that the amount is paid to them on the condition that in case the Government does not approve then the excess payment made will be recovered from the teachers who have received such the benefit under the career advancement scheme and the teacher accepted that condition. Government has clarified that the teachers of the Mu