JUDGMENT :

RABINDRANATH SAMANTA, J.

1. Challenge in this writ petition is against the order dated 28.03.2022 passed by the Director of Library Services rejecting the representation of the petitioner seeking higher scale of pay commensurate with his higher qualification.

2. Background facts which led to the filing of the writ petition may be summarised as under:

The petitioner was appointed as a Librarian in Pratul Biswas Smriti Pathagar, a rural library, on 2nd December, 1981. In September, 1992 he was transferred to Ramesh Library which was an upgraded Town Library and the post was re-designated as Library Assistant. Thereafter, he was promoted to the post of librarian of the Library vide order dated 8th December, 2015. He retired from service on superannuation on 31st July, 2019.

3. The petitioner enhanced his academic qualification by obtaining degree in Bachelor of Library and Information Science in 1986. In terms of Paragraph 16 (3) of a Memorandum bearing No. 33-EDN(B) dated 7th March, 1990 issued by the Government of West Bengal, teachers and librarians of secondary schools who have improved/will improve their qualification or who were appointed with higher qualification in the subjects or group relevant to the teaching/appointment shall get higher scale of pay appropriate to their qualification whichever is later. It was categorically mentioned in the Memorandum that the aforesaid principle shall apply mutatis mutandis to the teachers/librarians of other institutions/organizations as mentioned in Annexure-1 including Rural Library.

4. The petitioner by filing a writ petition being W.P No. 1966(W) of 2020 sought for revised scale of pay in terms of the Memorandum dated 7th March, 1990 with interest and consequential benefits in connection thereto. By order dated 2nd February, 2022 a learned Single Bench disposed of the writ petition directing the Director of Library Services to consider the representation of the petitioner and to dispose of the same by a reasoned order giving opportunity of hearing to all parties including the petitioner within a stipulated time. By order dated 28th March, 2022 the Director of Library Services, after hearing the parties, rejected the representation of the petitioner placing reliance on Memorandum No. 401-Edn(B) dated 10th September, 1991 and a Memorandum bearing No. 372-Edn (B) dated 31.07.1981 issued by the Education Department, Government of West Bengal. The Director, Library Services rejected the representation of the petitioner on the reasons that he was a Librarian of a Rural Library and he did not acquire higher qualification at the time of his recruitment. The petitioner submits that since he acquired higher qualification prior to 21st July, 1990 and since the Memo dated 31st July, 1981 got superseded after the Memo dated 7th March, 1990 came into force, the aforesaid two Memorandums as referred to by the Director of Library Services have no manner of application to the claim of the petitioner. Under such circumstances, the petitioner prays for quashing of the impugned order dated 28.03.2022 and direction upon the respondents to release higher scale of pay to him on his acquiring higher qualification in terms of the Memo dated 07.03.1990.

5. The respondent No. 4, the District Library Officer in his affidavit-in-opposition states that the Director of Library Services rightly rejected the representation of the petitioner by referring to Memorandum no. 372-Edn(B) dated 31.07.1981 and Memorandum no. 401-Edn(B) dated 10.09.1991. This answering respondent submits that as per the Memorandum No. 372-Edn(B) dated 31.07.1981 an incumbent is allowed to get the scale of pay on the basis of qualification prescribed for recruitment to the post. Since the petitioner at the time of recruitment did not possess the higher qualification, he is not entitled to get the benefit of higher scale of pay. In terms of Memorandum dated 10.09.1991 the petitioner being a Librarian of a Rural Library is not entitled