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IN THE HIGH COURT AT CALCUTTA
Rabindranath Samanta, J.
Rekha Dutta - Appellant
Versus
State Of West Bengal & Ors. . - Respondent
WPA No. 15608 of 2022
Decided On : 19-01-2023
PENSION - RETIREMENT BENEFITS - DELAY IN RELEASE - INTEREST - WRIT PETITION - ALLOWANCE - LIBRARIAN - HIGHER SCALE OF PAY - INCREMENT - AWARDING - LEGALITY.
Fact of the Case:
The petitioner, a librarian, improved her qualification by obtaining a bachelor's degree in Library and Information Science on August 1, 1993. She was granted a higher scale of pay in accordance with a government memorandum dated March 7, 1990. The petitioner received her next increment on October 1, 1993, on the higher scale of pay. Upon retirement, the Assistant Director, Pension, Provident Fund and Group Insurance raised objections to the petitioner's retiral benefits, claiming that she was not entitled to the next increment without completing one year of service in the higher scale. The petitioner challenged the objections through a writ petition.
Finding of the Court:
The court held that the petitioner was entitled to the higher scale of pay and the increment awarded to her on October 1, 1993, was in accordance with the law. The court relied on the judgment of the Supreme Court in Union of India and Another v. Shyama Pada Sidhanta and Others, which held that an employee need not wait for twelve months from the fixation of his/her pay in the new scale for earning in the revised scale.
Issues: 1. Whether the petitioner was entitled to the higher scale of pay and the increment awarded to her on October 1, 1993? 2. Whether the objections raised by the Assistant Director, Pension, Provident Fund and Group Insurance were valid?
Ratio Decidendi: The court held that the petitioner was entitled to the higher scale of pay and the increment awarded to her on October 1, 1993, was in accordance with the law. The court relied on the judgment of the Supreme Court in Union of India and Another v. Shyama Pada Sidhanta and Others, which held that an employee need not wait for twelve months from the fixation of his/her pay in the new scale for earning in the revised scale.
Final Decision: The writ petition was allowed, and the court quashed the objections raised by the Assistant Director, Pension, Provident Fund and Group Insurance. The court directed the concerned respondent authorities to release and pay all the retiral benefits of the petitioner to her commensurate with her pay as fixed by the District Library Officer with interest @ of 8% per annum on the amount of retiral benefits from April 1, 2020, till the final payment is made within six weeks from the date of the judgment.
JUDGMENT
Rabindranath Samanta, J. - The petitioner by preferring this writ petition challenges the legality of Memorandum dated 28.07.2020, 20.07.2021 and 30.12.2021 issued by the respondent No.5, the Assistant Director, Pension, Provident Fund & Group Insurance, Memorandum dated 07.04.2022 and 22.06.2022 issued by the respondent No.3, the District Library Officer, Hooghly and the letter dated 11.05.2022 issued by the respondent No.2, the Director of Library Services, Government of West Bengal and prays for direction upon the respondents to release and disburse her retiral benefits.
2. The facts which led to the filing of the writ petition may be adumbrated as under:
The petitioner was appointed as a Librarian of Rural Library namely Radha Raman Sammelan Samity Pathghar, Hooghly on 12.10.1984. Subsequently, she improved her qualification by obtaining bachelor degree of Library and Information Science with effect from 01.08.1993. According to Memorandum dated 07.03.1990 issued by the Education Department, Government of West Bengal, teachers and librarians of Secondary Schools who have improved their qualification in the subject relevant to their appointment shall get higher scale of pay appropriate their qualification with effect from 1st January, 1986 or the date of improving qualification whichever is later. Since the petitioner and other librarians who improved their education were not granted higher scale by the authority concerned, Shibnath Koley and 51 others including the petitioner moved a writ petition being WP No. 8030(W) of 1990 before this Court seeking benefit of higher scale of pay i.e. Rs.1390-2970 in terms of Para 16(3) of the Memorandum no. 33 - Edn (B) dated 07.03.1990 (R.O.P.A. 1990). The writ petition filed by them was dismissed by a Single Bench on 25.09.2000. Aggrieved by the order of dismissal the petitioner and some other librarians of rural libraries who improved their qualification preferred an appeal being F.M.A 119 of 2002. The other librarians also preferred several appeals arising out of the order of dismissal dated 25.09.2000. The Hon'ble Division Bench by a common judgment and order dated 08.06.2007 allowed the appeals preferred by the petitioner and others. The Hon'ble Division Bench directed the respondents to release and pay the appellants/ writ petitioners salary at the revised scale of pay of Rs. 1390-2970 in terms of the Memorandum dated 07.03.1990 issued by the Secretary, Education Department, Government of West Bengal with arrears with effect from the date as indicated in the Memorandum without any further delay, but positively within a period of three weeks from the date of communication of the order.
3. Feeling dissatisfied with the judgment and the order of the Hon'ble Division Bench, the State Government preferred Special Leave Petitions numbered as Civil Appeal Nos. 6967-6970 of 2009 before the Hon'ble Supreme Court. By a common judgment and order dated 06.03.2014 the Hon'ble Supreme Court dismissed the Special Leave Petitions. In compliance with the judgment and the order of the Hon'ble Supreme Court the District Library Officer, Hooghly re-fixed the scale of pay of the petitioner with effect from 01.08.1993 when the petitioner improved her qualification vide order dated 8/10.04.2015. The order passed by the District Library Officer had concurrence with the Finance Department, Government of West Bengal.
4. Initially, the petitioner was placed in the scale of Rs.1040-25-1215-30-1485-35-1590-40-1670-50-1920. In such scale, her basic pay was at Rs.1245 on 01.08.1993. She was placed then in the higher scale of Rs. 1390-45-1615-55-2055-65-2445-75-2610 with effect from 01.08.1993 i.e. the date of improving her qualification.
5. The benefit of annual/yearly increment was given to the petitioner on 01.10.1992 in the scale of Rs.1040-1920. Accordingly, her next annual/yearly increment was due on 01.10.1993. Since she was placed in the higher scale of pay of Rs.1390-2410, the annual/yearly increme
An employee need not wait for twelve months from the fixation of his/her pay in the new scale for earning in the revised scale.
The appellant's right to higher pay was found to be indefeasible and could not be taken away arbitrarily.
All persons similarly situated should be treated similarly, and the court may consider unexplained delay and inordinate laches in writ actions.
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