Back
2015 Supreme(Cal) 227
High Court of Judicature at Calcutta
ARIJIT BANERJEE, J.
Nadu Pandit – Appellant
Versus
The State of West Bengal & Others – Respondents
W.P.No. 12758 (W) of 2005
Decided On : 10-04-2015
For the Petitioner:Sk. Kamal Uddin, Swadhin Pan, Advocates.
A teacher with a higher qualification is entitled to the post-graduate scale of pay from the date of his joining, as per the un-amended ROPA Rules, and the amendment to the rules cannot be applied retrospectively.
Headnote:
EDUCATION - ROPA RULES - POST GRADUATE SCALE OF PAY - HIGHER QUALIFICATION - [ROP AND ALLOWANCE RULES, 1998, PARA 12 (3)] - The petitioner, a teacher with a Master's degree in Bengali, was denied the post-graduate scale of pay despite his higher qualification. The court held that the petitioner was entitled to the higher scale of pay from the date of his joining, as per the un-amended ROPA Rules, and that the amendment to the rules could not be applied retrospectively.
Fact of the Case:
The petitioner, a teacher with a Master's degree in Bengali, was appointed in 1999 in a school. He was granted approval by the District Inspector of Schools (Secondary Education). Since his appointment, he has been taking more than seven classes in Bengali of the Higher Secondary School due to shortage of teaching staff. He was also appointed as a Bengali examiner by the Higher Secondary School Council. The petitioner was initially paid the scale of Rs. 4650-10-175, which was the scale of pay for teachers with a pass graduate degree. He made a representation to the school authorities for the higher scale of Rs. 6,000-12,000/- applicable to teachers with a post-graduate degree. The school authorities forwarded the matter to the District Inspector of Schools (SE), Hooghly, for his sanction. The Director of School Education (SE), West Bengal, disallowed the petitioner's request for a post-graduate scale of pay on the ground that he was recommended by the School Service Commission as a pass graduate teacher.
Finding of the Court:
The court held that the petitioner was entitled to the higher scale of pay from the date of his joining, as per the un-amended ROPA Rules, and that the amendment to the rules could not be applied retrospectively. The court also held that the petitioner could not be denied the post-graduate scale of pay on the ground of the School Service Commission not having mentioned the post-graduate degree in its recommendation or on the ground of the appointment of a post-graduate teacher not being justified by the staff pattern of the School.
Issues: Whether the petitioner was entitled to the post-graduate scale of pay from the date of his joining, as per the un-amended ROPA Rules?
Ratio Decidendi: The court relied on the un-amended ROPA Rules, which provided that all teachers who have improved their qualifications or who were appointed with higher qualification in the subject or group relevant to their teaching/appointment shall get higher scale of pay appropriate to their qualification with effect from January 1, 1996 or the date of improving the qualifications whichever is later. The court also relied on the decision of this Court in Partha Chatterjee -vs.- State of West Bengal reported in 2004 (2) CLJ (Cal) 493, which held that the Government order/circular dated 13th July, 1999, in so far as it amends the earlier Government orders and provides that if a teacher is appointed through the West Bengal School Service Commission, his/her pay shall be fixed in the scale of pay as per his/her qualification mentioned by the West Bengal School Service Commission cannot be applied to the petitioner retrospectively.
Final Decision: The writ petition was allowed. The order dated May 19, 2005 passed by the Director of School Education, West Bengal was set aside. The respondent authorities were directed to extend the benefit of the post-graduate scale of pay to the petitioner with effect from his date of joining i.e. 1st February, 1999. The arrears shall be paid to the petitioner within a period of two months from the date of communication of this order to the respondent authorities.
Arijit Banerjee, J.
1. The brief facts of the case giving rise to the present writ petition are as follows.
2. The petitioner obtained his M.A. degree in Bengali and B.Ed. from the University of Burdwan in the years 1995 and 1996 respectively.
3. An advertisement was published in 1998 by the West Bengal Regional Schools Service Commission, Eastern Region for recruitment to the post of Assistant Teacher in language group.
4. The petitioner was selected as an Assistant Teacher by the West Bengal Regional School Service Commission (Eastern Region), vide memo dated December 31, 1998 and got appointment on February 1, 1999 in Bansberia High School (H.S.), Bansberia. The District Inspector of Schools (Secondary Education), Hooghly granted approval to the said appointment vide Memo dated March 30, 1999.
5. Since his appointment, the petitioner has been taking more than seven classes in Bengali of the Higher Secondary School due to shortage of teaching staff in the School, in the academic interest of the students. The Higher Secondary School Council appointed the petitioner as Bengali examiner since 2001.
6. The petitioner was appointed in the scale of Rs. 4650-10-175 under ROPA 1998 which was the scale of pay of teachers having pass graduate degree. The higher scale of Rs. 6,000-12,000/- applicable to teachers having post graduate degree was not paid to the petitioner.
7. The petitioner made a representation dated May 14, 2004 addressed to the Secretary of the said School to take necessary steps in the matter so that the petitioner may get the benefit of the higher scale for his enhanced qualification. After receiving the said representation the School Authority at their meeting dated May 21, 2004 pass a resolution that the Secretary of the said School would take proper steps in the matter by referring the matter to the District Inspector of Schools (SE), Hooghly, for his sanction.
8. Accordingly, the Secretary of the said School vide his letter dated May 22, 2004 requested the District Inspector of Schools (SE), Hooghly requesting him to sanction the higher scale of pay for the petitioner in view of the petitioner’s higher qualification.
9. Since there was no response from the District Inspector of Schools (SE), Hooghly, the petitioner moved a writ application in this Court which was disposed of by an order dated October 11, 2004 by directing the Director of School Education (SE), West Bengal to consider the petitioner’s prayer for higher scale within eight weeks from the date of communication of the order. By the said order the Authority was also directed to take into consideration the effect of extending such benefit to similarly placed teachers as claimed by the petitioner.
10. In this connection, it may be noted that one Soumen Dutta who had a Master degree in Physical Education but was getting pass graduate scale had approached this Court and pursuant to this Court’s order directing the respondent authority to fix his salary as per revised pay scale, the Director of School Education, West Bengal passed an order extending the benefit of the post graduate scale to him from his date of joining.
11. By an order dated 19th May, 2005 the Director of School Education (SE), West Bengal disallowed the petitioner’s request for post graduate scale of pay on the ground that the petitioner had been recommended by the School Service Commission as a pass graduate teacher in pursuance of their selection process and in terms of the para 12 (3) of the Revision of Pay and Allowance Rules, 1998 as amended by Memo No. 155-SE (B) dated 13th July, 1999 the petitioner is not entitled to the post graduate scale of pay.
12. Being aggrieved by the said order of the Director of School Education, the petitioner is before this Court by way of the instant writ petition.
13. In spite of service of notice nobody appeared for the respondent authorities.
14. Ld. Counsel appearing for the petitioner submitted that under the un-amended ROPA Rules, as per
