The main legal point established in the judgment is the entitlement of the petitioner to equal pay as those in similar posts in government-run educational institutions, as advocated by the recommendations of the Directorate of Mass Education Extension.

JUDGMENT

This writ petition has been preferred by the petitioner challenging the order dated November 29, 2021 of the respondent No.2, the Director, Mass Education extension directorate, Government of West Bengal by which her representation seeking higher scale of pay as a Lady Accountant-cum-Typist of Calcutta Blind School was rejected.

The facts which led to the filing of the writ petition may be summarised as under:-

The petitioner Sumita Banerjee was appointed to the post of Lady Accountant-cum-Typist of Calcutta Blind School, Respondent No. 4 herein.

Upto 13th December, 1983 the school was recognized upto class-VIII standard and thereafter the school was upgraded to the Secondary school leaving Examination level on 30th December, 1983. Subsequently, the school was upgraded and granted recognition from the Higher Secondary Council by letter dated 4th January, 2007. Initially the petitioner was appointed provisionally as the Lady Accountant-cum-Typist in the said School on 14th May, 1998. After completing the probation period successfully her appointment was approved by the Directorate of Mass Education Extension, Government of West Bengal vide Memo dated 7th August, 2000.

At the time of appointment the petitioner had graduation in B.SC (Two Year Pass) from the University of Calcutta. Besides, she improved her qualification by obtaining Diploma for Primary School Teachers of the Visually Handicapped in the year 1995. Thereafter, she applied to the Rehabilitation Council of India and wherefrom she received a Registration Certificate certifying her as a ‘Special Educator (Visually Handicapped)’. After she joined the said post the petitioner attended and undertook a refresher course for Orientation & Mobility Instructors working in the schools for visually handicapped children, conducted by the National Institute for the Visually Handicapped, Kolkata from July 28th, 2003 and to 1st August, 2003 and received a certificate of training.

At the time of her appointment the petitioner was granted the scale of pay of Rs.1040-1920/- which is granted to an incumbent holding the post of Junior Clerk in other sponsored institutions.

After a lapse of considerable time from the date of approval of her appointment the petitioner came to learn that in other similarly sponsored institutions the incumbents holding the similar post as held by the petitioner draw higher scale of pay Rs. 4000-8850/-.

In the Mass Education Extension Directorate there are several sponsored schools like Calcutta Blind School, Calcutta Deaf and Dumb School, Helen Keller Muk-o-Badhir Vidyalaya, Sramik Vidyapith and Banipur State Welfare Home etc. In both Sramik Vidyapith and Banipur State Welfare Home the incumbents holding the post of Head Clerk/Senior Clerk get the scale of pay Rs. 4000-8850/- corresponding the old scale of pay of Rs. 1250-2160/-. The petitioner also came to learn that the scale of pay for Head Clerk-cum-Accountant for the Government School of Blind at Coochbehar as well as of Raigunge Deaf & Dumb School under the social welfare department was at Rs. 380-910/- which was revised to the corresponding scale Rs.1260-2610/-.

The petitioner has also come to learn that the Directorate of Mass Education Extension through several correspondences requested/recommended to the Department of Mass Education Extension, Government of West Bengal to grant the scale of Rs. 4000-8850/- to the incumbents holding the post of Head Clerk cum Accountant or Lady Accountant-cum-Typist, but no step was taken by the concerned authority in this regard.

The petitioner states that one Samir Roy who was the Head Clerkcum- Cashier of Helen Keller Muk-o-Badhir Vidyalaya moved a writ petition before this court praying for scale of Rs. 4000-8850/- and the writ petition was allowed by this court, but no appeal was preferred against the solemn order by the concerned authority. Similarly one Tapas Banerjee, the Head Clerk-cum-Cashier of Calcutta Deaf and Dumb School moved a writ peti