JUDGMENT :

RABINDRANATH SAMANTA, J.

1. Challenging the order dated 27.08.2021 passed by the Director of Library Services, West Bengal by which her representation seeking higher scale of pay commensurate with her higher qualification was rejected, the petitioner has approached this Court by preferring this writ petition.

2. The background facts which have given rise to filing the writ petition may be summed up as under:

The petitioner Kalyani Sarkar passed higher secondary examination in the year 1969 from West Bengal Board of Higher Secondary Education, Bachelor of Arts in the year 1972 from Burdwan University and bachelor in Library Science in the year 1976 also from Burdwan University.

3. On 26th September, 1983 she was appointed as a Librarian in a Library namely Tarun Sangha Library pursuant to an appointment letter dated 12.09.1983 issued by the Secretary of the Library. After appointment she was on probation for one year. At the time while she was appointed her pay was fixed at Rs. 300 per month in the scale of pay of Rs. 300-10-400-15-565-20-635. Subsequently she was transferred from Tarun Sangha Library to Milanchakra Library, Burnpur. She joined Milanchakra Library on 31st December, 1985. Thereafter, on transfer she joined other libraries.

4. Since the petitioner was suffering from various ailments, she on 16th August, 2005 made representation to the District Library Officer, Burdwan seeking voluntary retirement. While she made the representation she then already completed 20 years of continuous service.

5. After she made the representation, the District Library Officer, Burdwan, offered a hearing to her on 20th March, 2006 and as per his direction she had to appear before the medical board for medical examination. On 6th July, 2006 the office of the Zonal Medical Board, Burdwan Medical College medically examined her and directed her to appear before the Medical Board again for some investigations. Ultimately, the Medical Board, by issuing a certificate on 19th February, 2007, certified that the petitioner was totally incapacitated to perform any duty. Though the certificate was issued in 2007, the voluntary retirement which she sought for was granted to her on 12th November, 2014. At last, Pension Payment Order was issued to her on 9th February, 2018, but without granting higher pay which she was entitled in consonance with her higher qualification.

6. The petitioner submits that as per Government Order No. 33-EDN (B) dated 7th March, 1990 issued by the Education Department (Budget Branch), Government of West Bengal, the librarians who acquired higher qualification before 1990 are entitled to get higher scale of pay and on July 21st, 1990 a memorandum was issued by which the pay and allowance of the teachers/librarians was revised.

7. On denial of the benefit of higher scale of pay to the librarians of rural libraries, a bunch of writ petitions were filed and in 2007 this Court in the case of Shibnath Koley and Others held that the librarians of rural libraries who acquired higher qualification before 1990 were entitled to get higher scale of pay. The judgment rendered by this Court in the case of Shibnath Koley was upheld by the Hon’ble Apex Court.

8. On 10th June, 2014 the Director of Library Services allowed the benefit of higher scale of pay to the rural librarians in compliance with the order passed in the case of Shibnath Koley and Others and directed the District Library Officers to extend the benefit of higher scale of pay to the rural librarians. Besides, by the same order the Director of Library Services directed the District Library Officers to fix the pay of each of the employees separately and submit the same to him for onward approval of the same by the Finance Department. In an another decision passed by a Division Bench of this Court in the case of Pradip Kumar Karak and Others vs. State of West Bengal in MAT No. 36 of 2001 it was specifically held that the rural librarians who acquired higher qualification bef