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IN THE HIGH COURT AT CALCUTTA
RAI CHATTOPADHYAY
Subir Kumar Ghosh – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Rai Chattopadhyay, J.
1. The petitioner is the Headmaster presently engaged at Madhabpur Prahlad Smriti Vidyapith within Police Station Amdangha, Village and Post Office-Madhabpur, District:North24-Parganas. He has moved the present writ petition with the prayer that necessary direction be made directing the respondent authorities to withdraw and / or setting aside the memo vide No.102/G dated 2.4.2020 issued by the District Inspector of Schools, North 24 Parganas, being respondent No.4.
2. He has further prayed that the respondents be directed to grant an additional increment @ 3 % along with additional grade pay, as well as arrear salary.
3. The petitioner has also challenged the Memo No.292-SL/5S-294/12 dated 22.03.2017 issued by the Joint Secretary, School Education Department, Government of West Bengal, being respondent No.2 and has prayed for quashing of the same.
4. The fact of the case in brief that the petitioner after being promoted as the Headmaster in “Uzirpukuria Junior High School” at Nadia, was transferred in the same post, at “Madhabpur Prahlad Smriti Vidyapith” , District – 24 Parganas (North). On the occasion of the “ROPA Rules- 2009” having come into force,
Headmasters of upgraded schools are entitled to additional increments under ROPA Rules-2009, irrespective of the date of upgradation, as long as they assume higher responsibilities.
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.
A teacher's entitlement to a higher pay scale cannot be denied due to procedural lapses by the authority, provided the teacher has complied with necessary requirements.
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