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IN THE HIGH COURT AT CALCUTTA
Subrata Talukdar, J.
Mrs. Hasi Sen & Ors. - Petitioners
Vs.
State of West Bengal & Ors. - Respondents
W.P. 15316(W) of 2015
Decided On : 07-12-2016
SCHOOL MANAGEMENT - PAYMENT OF ARREARS - LIMITATION - CODE OF REGULATIONS FOR ANGLO INDIAN SCHOOLS - ARTICLE 7 OF THE LIMITATION ACT, 1963 - ARTICLE 226 OF THE CONSTITUTION OF INDIA - RIGHT TO EDUCATION - FINANCIAL CONSTRAINTS OF THE SCHOOL - ARTICLE 30(1) OF THE CONSTITUTION OF INDIA - DUTY OF THE STATE TO ENSURE PROPER EDUCATION - ROPA, 2009 - ANGLO INDIAN SCHOOL - FINANCIAL STABILITY - NOT-FOR-PROFIT STATUS - RECOGNITION OF THE SCHOOL - RULE 7 CHAPTER II OF THE CODE - RULE 20 OF THE CODE - WRIT OF MANDAMUS - DELAY IN FILING THE WRIT PETITION - PUBLIC INCONVENIENCE AND INTERFERENCE WITH RIGHTS OF OTHERS - DISCRETIONARY POWER OF THE HIGH COURT - ARTICLE 32 OF THE CONSTITUTION OF INDIA - INSUBORDINATION TO THE RULE OF LAW - CONTUMACIOUS CONDUCT - DUTY OF THE STATE AS PARENS PATRIAE - IMPLEMENTATION OF THE COMMUNICATION/DECISION DATED 31ST AUGUST, 2012 - PENAL ACTION UNDER THE CODE AGAINST THE RESPONDENT NO.6/SCHOOL.
Fact of the Case:
Permanent teachers of an Anglo Indian School were deprived of their arrears in salaries for the period between 1st April, 2008 to 31st March, 2009 consequent to the Revision of Pay and Allowances (for short ROPA), 2009. The school claimed shortage of funds to deny the revised salaries. The teachers filed a writ petition seeking payment of arrears.
Finding of the Court:
The court held that the refusal of the School to pay in terms of ROPA, 2009 constituted a violation of the Code of Regulations for Anglo Indian Schools. The school was required to pay the arrears of pay in terms of ROPA, 2009 as per the notifications issued by the State Government. The court also held that the plea of limitation was not sustainable as the writ petition was filed within 3 years from the last communication dated 31st August, 2012 addressed by the Deputy Director to the respondent No.6/School for implementing the arrears of pay in terms of ROPA, 2009.
Issues: 1. Whether the teachers were entitled to receive the arrears of revised ROPA, 2009? 2. Whether the plea of shortage of funds by the school was tenable? 3. Whether the claim to revised arrears of pay was barred by the laws of limitation?
Ratio Decidendi: 1. The court held that the teachers were entitled to receive the arrears of revised ROPA, 2009 as per the notifications issued by the State Government and the Code of Regulations for Anglo Indian Schools. 2. The court held that the plea of shortage of funds by the school was not tenable as the school was required to comply with the Code and the notifications issued by the State Government. 3. The court held that the claim to revised arrears of pay was not barred by the laws of limitation as the writ petition was filed within 3 years from the last communication dated 31st August, 2012 addressed by the Deputy Director to the respondent No.6/School for implementing the arrears of pay in terms of ROPA, 2009.
Final Decision: The court issued a Writ of Mandamus commanding the Deputy Director (Anglo Indian Schools) to summon a meeting of the respondent No.6/School and the authorised representatives of the writ petitioners for settling the modalities of implementing the communication/decision dated 31st August, 2012 within a period to be decided in consultation with the parties by the Deputy Director.
Subrata Talukdar, J.
The short point that arises for consideration in this writ petition connects to the petitioners, who are the permanent teachers of the respondent No.6/School in issue and, stand deprived of their arrears in salaries for the period between 1st April, 2008 to 31st March, 2009 consequent to the Revision of Pay and Allowances (for short ROPA), 2009.
2. Sri Uday Chandra Jha, Ld. Counsel appearing for the petitioners submits that following ROPA, 2009 revision in pay has been implemented throughout the State of West Bengal in all Schools which receive assistance by way of Dearness Allowance (DA) grants from the Government of West Bengal.
3. Sri Jha submits that the respondent No.6 is an Anglo Indian School which receives matching DA grants from the State. The respondent No.6/School is also governed by the Code of Regulations for Anglo Indian Schools notified vide Notification No. 877-EDN(S) dated 24th December, 1993 (for short the Code).
4. Sri Jha points out that a School such as the respondent No.6, including all other Anglo Indian Schools within the State of West Bengal, stand governed by the Code in several facets of their functioning including, payment of salaries to staff members. Therefore, Ld. Counsel for the petitioners asserts that pursuant to the introduction of ROPA, 2009 the State Authority responsible for regulating the functioning of the Anglo Indian Schools under the Code being the Deputy Director of School Education (Anglo Indian Schools) (for short the Deputy Director) wrote several letters to the School/respondent No. 6 calling upon it to submit the arrear salary claims of teachers between 1st April, 2008 to 31st March, 2009. The abovenoted communication dated 25th August, 2011 was followed up by a communication from the said Deputy Director on 28th November, 2011 and, further on 31st August, 2012. It is useful for the purpose of the present discussion to quote the communication dated 31st August, 2012 which reads as follows:-
“St. Teresa’s Secondary School, 72, Diamond Harbour road, Kol-23 is getting D.A. from the Govt. time to time on the revised basic pay according to Ropa, 2009 but the teaching & non-teaching staff have not been paid arrears of pay for the period from 1.4.2008 to 31.3.2009. She is also reminded that to remain a D.A. getting school, one school authority need to obey the above-mentioned code of Regulations, 1993.”
5. Since the School continued to withhold disbursal of the arrears of revised ROPA, 2009 for the said period 1st April, 2008 to 31st March, 2009, the petitioners, who are all permanent teachers, upon failing to obtain any redressal from the School Authority in spite of several representations, have been now constrained to file the present writ petition.
6. Sri Jha next takes this Court to the notices issued by the respondent No.6/School dated 26th February, 2009, 2nd April, 2009 and 22nd June, 2009 whereby the parents/guardians of the students of the respondent No.6/School were informed that tuition fees have been raised. It is again useful for the purpose of the present discussion to set out in full the notice dated 22nd June, 2009:-
“Due to the implementation of the recommendations of the 5th Pay Commission and to adhere to the stipulation by the Education Department of the State Government with regard to salaries/allowances payable to the Staff, the School had no other option but to raise the rate of Tuition Fees to meet the abnormal hike, the increase being the tune of 80% over the 4th Pay Commission. St. Teresa’s Secondary School is a D.A. getting School, i.e.- Dearness Allowance is paid by the State Government only to the approved staff of the School. The School does not receive any kind of aid from the Government and therefore, the School has to meet all financial liabilities from its own resources. Since it was not clear as to what rate Government would be paying dearness Allowance, the quantum of increase in the Tuition fees was computed accordingly. Howe
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