D/L v. The State of West Bengal & Ors.

in the case of Smt. Nita Dey Chandra-vs.-The State of West Bengal reported in 2015 1 CJL (Cal) 24 is act and appropriate. In the said decision, the Hon’ble Division Bench has relied upon the circular dated 13th July, 1999 being No. G.O. 155-SE which otherwise entitles the persons appointed prior to the School Service Commission Act and the Control of Expenditure Act, to benefit from the provisions of ROPA-1998. Such ROPA, entitles the Assistant 3 Teacher, who already have a post graduate degree or in fact, obtained the same subsequently, to higher scale of pay even without prior consent or approval of the school. The petitioner’s case for Post-Graduate scale is strong and supported by the law. He is better placed than the petitioner in the Nita Dey case (supra). He has been teaching Sanskrit, in the higher secondary section since the year 2000. A higher secondary teaching post is a post graduate post. The HS students and the school have benefitted from the teaching of the petitioner in the post graduate post from the year 2000. The State has consequently been benefited. The petitioner cannot, therefore, be deprived of a post graduate scale of pay. In the above circumstances, the impugned order dated 28th January, 2016 shall stand quashed to set aside. The petitioner shall be entitled to post graduate scale of pay with effect from 5th July, 1995. All arrears from 5th July, 1995 being due from the graduate scale of pay to the post graduate scale of pay shall be released to the petitioner within a period of three months from date positively and mandatorily. The petitioner shall be entitled to all increments, re-fixation of his pay and allowance after taking into consideration of all allowances, increments and any other benefits in accordance with law. The petitioner shall be paid post graduate scale of pay from September, 2022 in the usual course. The entire service records of the petitioner shall stand corrected and 4 rectified by the DI of Schools and shall be noted in the school in question. In the facts and circumstances of the case, the court is not inclined to interfere to grant any interest to the petitioner. The writ petitioner is, accordingly, disposed of. There will, however, be no order as to costs. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Rajasekhar Mantha, J.)