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RAI CHATTOPADHYAY
Sirshendu Roychoudhury – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Rai Chattopadhyay, J.) :
1. The writ petitioners are the Headmasters of different schools in the District of Birbhum. They are aggrieved that inspite of their being Headmasters of the respective schools, the benefit of re-fixation of pay under ROPA Rules-2009, has not been granted in their favour, by allowing additional increment @ 3% along with additional grade pay, reckonable to upgradation of the schools as Higher Secondary Schools, with effect from the respective dates of upgradation of schools by the concerned respondent authority. The memorandum dated 22.03.2017, issued by the Joint Secretary, School Education Department, Government of West Bengal/respondent no. 2, is impugned in this writ petition, which was issued with reference to an earlier memorandum dated 06.05.2016. The writ petitioners have prayed that the impugned memorandum be not acted upon any further set aside and by dint of an order of this Court. The other prayer of the writ petitioners is for direction of the Court to allow them the benefit of increment @ 3% of the existing Basic Pay, in addition to the Grade Pay or additional Grade Pay as admissible, as per ROPA Rules-2009.
2. The fact of the pres
Headmasters of upgraded schools are entitled to equal pay benefits under ROPA Rules-2009, irrespective of the date of upgradation, to prevent discrimination.
State's change in policy denying benefits to Headmasters without intelligible differentia deemed illegal; reinstatement of past benefits ordered.
State's requirement for Headmasters to refund benefits after arbitrary classification deemed illegal and all recognized benefits must be restored.
Unjust classifications by the State regarding retirement benefits violate principles of equality and lead to arbitrary demands for repayments.
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