IMPORTANT POINT
The court established that procedural errors by an authority can lead to unjust denial of rights, necessitating rectification to uphold fairness and equality.

JUDGMENT :

Subhendu Samanta, J.

1. Both the petitioners were engaged by the respondent College Authority as Accompanist (Tabolchi) in Music Department of the College. Both of them are receiving their respective pay from the College Authority on regular basis.

2. The Joint Secretary to the Government of West Bengal Vide Memo dated 3rd September, 2019 requested director of Public Instructions (W.B), for the purpose of restructure of the Service Conditions and other benefits of the Government Approved Part Time Teachers (PTTS), Government Approved Contractual Whole Time Teachers (CWTTs) and Guest Teacher, in any nomenclature engage in different Government/Government Aided Colleges in the State of West Bengal upto 13.07.2019, ask the Principals/Teacher-in-Charge, Vice Principals/Officer-in-Charge of State Colleges to submit details of those teachers through a prescribed format (one for each candidates) to be uploaded online in a specific portal within 25.09.2019.

3. In terms of Memorandum dated 23rd of December, 2019 the State has restructure the service conditions along with changed of nomenclature of all category teachers as State Aided College Teachers Category (SACT-I) and State Aided College Teachers, Category (SACT-II). The Memo dated 23.12.2019 is set out as follows:

Memorandum

“The manner of restructuring of service conditions and other benefits for Government approved Part Time teachers (PTTs), Government approved Contractual Whole time teachers (CWTTs) and Guest teachers, in any nomenclature, engaged in different Government/Government aided colleges in the State of West Bengal up to 13.07.2019, was under active consideration of the State Government for sometimes past. After careful consideration of the matter, the Governor is hereby pleased, in supersession of all previous orders in this regard, to restructure the service conditions along with the change of nomenclature of the aforesaid category of teachers commensurate with their qualifications and period of service rendered in the following manner :

1. Part Time Teachers, Contractual Whole Time Teachers and Guest Teachers having qualification for being appointed as teachers in the colleges as prescribed by the University Grants Commission and as followed by the West Bengal College Service Commission, on the date of issuance of this order, will be renamed as State Aided College Teacher, Category -1, and will be entitled for the following remuneration :

a. Rs. 31,000/-(consolidated) per month for those served the college less than 10 years;

b. Rs. 35,000/-(consolidated) per month for those served the college more than 10 years;

2. Par time Teachers, Contractual Whole Time Teachers and Guest Teachers don’t having qualification for being appointed as teachers in the colleges as prescribed by the University Grants Commission, and as followed by the West Bengal College Service Commission on the date of issuance of this order, will be renamed as State Aided College Teacher, Category –II and will be entitled for the following remuneration :

c. Rs. 20,000/-(consolidated) per month for those served the college less than 10 years;

d. Rs. 25,000/-(consolidated) per month for those served the college more than 10 years;

3. Remuneration of existing Government approved PTTs and CWTTs, who are getting higher remuneration at present, shall be protected.

4. Remuneration of above mentioned category of teachers will be enhanced @ 3% of the total remuneration per year on 1st July of every year.

5. Such category of teachers will be entitled for Rs. 5.00 ( Five Lakh) only on attaining the age of 60 years. Provided the teacher concerned has rendered service for a period not less than 10 years.

6. State Aided College Teacher, Category-II, on acquirement of UGC qualifications subsequently will be considered as State Aided College Teacher, Category –I with effect from the date of acquiring such qualification, subject to the approval of DPI, West Bengal.

7. General conditions in respect of approval of all the sta