The Court ruled that a higher pay scale is warranted for a teacher qualified with a Master's degree, emphasizing equal pay for equal work as per constitutional provisions.

JUDGMENT :

Rai Chattopadhyay, J.

1. The writ petitioner was appointed as an Assistant Teacher in Physical Education subject, at Nawadwip Hindu School vide the recommendation dated March 15, 1999, made by the West Bengal Regional School Service Commission and joined therein on March 26, 1999. The writ petitioner was recommended as a pass graduate teacher and his service was approved later on mentioning him as a “B.A/B.P.Ed qualified teacher.

2. According to the writ petitioner however, even before entering into the service, he completed successfully his Master’s Degree, in Physical Education subject [M.P.Ed]. according to him, since none of the posts in the State were earmarked for the Master’s Degree holder so far as the subject Physical Education is concerned and required qualification for all available posts in the said subject was graduate degree only, the petitioner was inducted therein as a pass graduate teacher of Physical Education subject.

3. Mr. Roy learned advocate appearing for the petitioner has submitted that, in view of the provisions of ROPA 1990, ROPA 1998 and Notification No. 795-Edn(S) dated November 22, 1993, [in short “No.795”] the writ petitioner is entitled to get higher pay scale commensurate to a teacher, possessing Master Degree, as he already was qualified as such, before entering into the service. He has also referred to a judgment of this Court in W.P.No. 6608 (w) of 2022 dated June 9, 2008 [Subrata Kumar Ghosh vs State of West Bengal & Others] The Court has held therein that the government orders pertaining to the staff pattern have nothing to do with the salary and the allowances of the teachers. Rather the same is dependent on the qualification of the teacher and modifiable with change in the same. The following portion thereof be extracted as the same may be relevant for the purpose of this case:

"Where all Assistant Teachers constitute a single class, and as per the Government Orders pertaining to salary and allowances, there scales are to be fixed on the basis of qualifications in the relevant teaching subject, payment of different scales to two teachers with the same qualifications, teaching the same subjects in the same classes, in the same or in different aided non- government schools or Madrasahs, on the basis of the requisite qualification for the teaching post, as per the approved staff pattern, which is in no way related to the duties and responsibilities pertaining to the teaching posts, would amount to denial of equal pay for equal work and offend Article 14 of the Constitution of India."

4. According to Mr. Roy, learned advocate for the writ petitioner, depriving him of the higher pay scale commensurate to a Post Graduate Degree for an Assistant Teacher amounts to gross infringement of the right to equality of the writ petitioner and his legal and statutory rights too. Hence, appropriate relief has been prayed for in this case for the petitioner, by granting him the higher pay scale.

5. The respondent/State has not raised any objection as to the fact that prior to entering into the service, the petitioner duly completed and qualified in the Post Graduate course. The respondent’s first contention is that, on December 30, 2021, the petitioner was appointed on transfer in another school for the subject Physical Education, in normal section, in place of an Assistant Teacher which pass graduate qualification. Secondly, with reference to the notification No. 155-SE(B) dated July 13, 1999 [in short “No.155”], it has been stated that not all Physical Education teachers, who have been appointed with higher qualification in the subject, should be eligible for grant of higher pay scale, until and unless the