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IN THE HIGH COURT OF CALCUTTA
Aniruddha Roy, J.
Bina Paul - Appellant
Versus
State Of West Bengal And Others - Respondent
WPA 5577 of 2003 With IA No. : CAN 1/1/2016 (Old No. : CAN/5018/2016) With IA No. : CAN 2/2017 (Old No. : CAN/5633/2017)
Decided On : 29-06-2022
Pay Scale - Craft Teacher - 1958, 1966, 1971, 1975, 1981 Government Orders - The court discussed the various government orders from 1958 to 1981 that approved and revised the pay scale of the petitioner, a Craft Teacher with a Lady Brabourne Diploma. The court found that the petitioner's pay scale was fixed at Rs. 425-1050/- under the 1981 Government Order and continued till retirement. The court held that the petitioner had a legitimate expectation to continue with the said pay scale, and the impugned 1995 and 2002 Government Orders, which scaled down the pay scale, infringed her vested right and were arbitrary and wrongful. The court set aside both impugned Government Orders and directed the respondent authorities to grant all retirement benefits to the petitioner as if the impugned Government Orders had no existence in her case.
Fact of the Case:
The petitioner, a Craft Teacher with a Lady Brabourne Diploma, had her pay scale fixed at Rs. 425-1050/- under the 1981 Government Order, which continued till retirement. The impugned 1995 and 2002 Government Orders scaled down her pay scale, affecting her service benefits and pension. The petitioner filed a writ petition challenging the impugned Government Orders.
Finding of the Court:
The court found that the impugned Government Orders infringed the petitioner's vested right and were arbitrary and wrongful. The court set aside both impugned Government Orders and directed the respondent authorities to grant all retirement benefits to the petitioner as if the impugned Government Orders had no existence in her case.
Issues: The issues involved the scaling down of the petitioner's pay scale through the impugned 1995 and 2002 Government Orders, affecting her service benefits and pension, and the violation of the petitioner's legitimate expectation to continue with the approved pay scale.
Ratio Decidendi: The court held that the impugned Government Orders infringed the petitioner's vested right and were arbitrary and wrongful. The court set aside both impugned Government Orders and directed the respondent authorities to grant all retirement benefits to the petitioner as if the impugned Government Orders had no existence in her case.
Final Decision: The writ petition was allowed, and the impugned 1995 and 2002 Government Orders were set aside. The respondent authorities were directed to grant all retirement benefits to the petitioner as if the impugned Government Orders had no existence in her case. There was no order as to costs.
JUDGMENT
Aniruddha Roy, J. - Facts:
1. The writ petitioner at all material time since January 25, 1961 was employed as a Craft Teacher in Hijli High School (for short, the School) and became a permanent government teacher in the scale of Rs. 70-3-118-4-150/-. Her appointment was duly approved on May 14, 1980 and she retired from her employment on December 31, 1995. She had qualified Half Yearly Examination in Class X and then three years Lady Brabourne Diploma (for short, the said LBD) for advancement of needle work.
2. By a Memo dated May 14, 1980 the Director of Secondary Education, West Bengal approved the appointment of the petitioner after due consideration of her qualification. By a Memo dated April 10, 1986 the Directorate of School Education fixed the pay scale of the petitioner after due consideration of her qualification in terms of the Government Order dated July 31, 1981 under ROPA 1981 at a sum of Rs. 425-1050/-. Under the Government Order dated March 07, 1990 her pay scale as a teacher with three years approved Diploma in Craft Arts/Sewing and Needle Craft was revised from Rs. 425-1050/- to Rs.390-2970/- and her last basic pay was Rs. 2305/-.
3. The Office of District Inspector of Schools, Midnapore by its Memo dated July 08, 1993 revised the pay scale of the petitioner after taking due consideration of her qualification from the existing scale of Rs. 425-1050/- w.e.f. April 01, 1981.
4. By the impugned Government Order No. 152-SE(B)/1M-12/95 dated December 08, 1995 (for short, the impugned 1995 Government Order), issued by the Joint Secretary, School Education Department the pay scale for a nonmatriculate with a Diploma or Training Certificate teaching staff was revised and fixed at a lower scale at Rs. 300-685/- and the pay scale of the petitioner was scaled down to Rs. 300-685/-. Though the pay scale of the teacher with 'Any Other Diploma' remained same at Rs. 425-1050/-.
5. The petitioner made several representations seeking withdrawal of the said impugned 1995 Government Order which severely affected the service benefit of the petitioner. By another impugned Government Order, No. 138-SE(B)/ES- 01B/1M-28/2000 dated February 15, 2002 issued by the Deputy Secretary, School Education Department (for short, the impugned 2002 Government Order), the scale for three years Lady Brabourne Diploma Teachers were brought down to Rs. 300-685/-. In the writ petition an averment was made citing an example of another teacher who was similarly placed, received the service benefits along with pensions commensurating with the pay scale of Rs. 440-1170/-. However, the petitioner was deprived of the same.
6. Since appointment, the petitioner had an unblemished career record during her service.
7. Being aggrieved by the said impugned 1995 and 2002 Government Order, the petitioner filed the instant writ petition.
8. Pursuant to the direction made by the Court, the parties had filed and exchanged their respective affidavits.
Submissions:
9. Mr. Rabindranath Mahato, learned counsel appearing for the writ petitioner submitted that, the qualification of a petitioner being a non-matriculate with three years Lady Brabourne Diploma (for short, LBD) for advancement of Needle work was approved and acknowledged by the Education Department and at the relevant point of time her pay scale was fixed by virtue of the Government Order since 1975, 1981 and thereafter from time to time as was revised. The approved pay scale at the material time was Rs. 425-1050/-. In support of his contention as to the approval and acknowledgement of the said pay scale for the petitioner as was revised from time to time, the learned counsel for the writ petitioner referred to several memoranda issued by the Education Department, Government of West Bengal from time to time, the relevant portions therefrom are reproduced below:
'1. Memorandum dated 4th February, 1958:
..................................................................................................................
The main legal point established in the judgment is the protection of vested rights and legitimate expectations of employees in relation to their approved pay scale, and the wrongful and arbitrary na....
The court affirmed that teachers should receive pay scales based on qualifications acquired during service, rejecting restrictive interpretations of government resolutions.
The court established that qualifications obtained before a specified date must be recognized for pay scale determination, ensuring fairness in employment practices.
The principle of equal pay for equal work cannot be applied to perpetuate illegality; relevant statutory notifications must be adhered to.
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