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, the petitioner has claimed his benefit under the same i.e. grade pay along with 3 % increment.

5. He has filed this writ petition alleging that though he being eligible to the said benefit, has been deprived on some frivolous grounds and has been subjected to discrimination as well as violation of his vital statutory as well as constitutional rights.

6. On the facts and grounds as above, the petitioner has filed the present writ petition to pray for the reliefs, as stated above.

7. Mr. Biswarup Biswas, learned Advocate on behalf of the petitioner has submitted by referring to the notification dated 10.02.2010, that the benefits thereunder as applicable to the “Headmaster/Headmistress/Assistant Headmaster/ Assistant Headmistress, Higher Secondary School (V- XII)”, shall be applicable to the petitioner, in this case, he being the Headmaster of the Higher Secondary School. The same would include the grade pay as well as additional increment @ 3 % . He has further stated that subsequent notification dated 22.03.2017 which is impugned in this case would not be tenable in view of its contradictory and discriminatory nature. Let the relevant portion of the notification be extracted, as herein below:-

“With reference to the above, it appears that the Deputy Director of School Education, (G.A.). West Bengal has sought clarification as to whether or not the HM of the Higher Secondary Schools upgraded after 27/02/2009 shall be allowed 3 % additional increment in addition to the additional grade pay of @ Rs.200/-.

Having considered the issue raised by the Deputy Director of School Education (G.A.), West Bengal in connection with Memo No-1003-SE(S)/5P-129/12 dated 04.12.2004, this is to clarify that ROPA 2009 and other related orders issued by this Department with the concurrence of other departments have not proposed any additional increment in favour of the Headmasters of Higher Secondary Schools upgraded after 27.02.2009. Only additional grade pay @ Rs.200/- has been allowed to the HM of the Higher Secondary Schools upgraded after 27.02.2009.

Hence, I am directed to inform that no additional increment can be allowed as per ROPA, 2009 and accordingly, Memo No-1003-SE(S)/5P-129/12 dated 04.12.2014 stands withdrawn. The Commissioner, School Education and concerned D.I. of Schools are requested to act accordingly.”

8. Mr. Biswarup Biswas, for the petitioner, has relied on a judgment of the Hon‟ble Division Bench of this Court, dated 15.03.2021, in the case of Satyajit Ghosh Vs. State of West Bengal, to the following portion therein :-

“There cannot be any doubt that when the appellants (in both appeals) filed the writ petition, they were entitled to receive benefits in terms of the decision of the Joint Secretary dated 4th December, 2014 which did not make any distinctio