- (1.) THIS writ application is filed by the petitioner for issuing a writ of mandamus commanding the respondent no.5 to approve scale of pay of the petitioner at Rs.5500-11325 and to fix the pay of the petitioner in the aforesaid scale as Assistant Teacher in Work Education in Manbhum Victoria Institution and payment of all arrears on the basis of the aforesaid scale of pay.
(2.) THE backdrop of this case in a nutshell is as under:- The petitioner participated in the selection process for appointment to the post of Assistant Teacher Work Education held by the West Bengal Regional School Service Commission, Western Region. The name of the petitioner was recommended by the West Bengal School Service Commission, Western Region against a vacancy of Assistant Teacher in Work Education in Manbhum Victoria Institution, district-Purulia (hereinafter referred to as the said school) at a graduate scale of pay of Rs.1420-3130. By virtue of a communication dated December 4, 1998 issued by the said school the petitioner was appointed against the above vacancy. The above appointment of the petitioner was approved by the respondent no.5 under his memo no.317(4) dated March 8, 1999. On September 21, 1999 the petitioner submitted a representation to the Secretary of the said school alleging that she had obtained B.Sc(Agriculture)(Hons) degree in 1992 but it was not considered by the West Bengal Regional School Service Commission, Western Region at the time of recommending the name of the petitioner for appointment in the said school. The petitioner further submitted a representation dated August 3, 2002 to the respondent no.5 for granting post graduate scale of pay in connection with the aforesaid service of the petitioner. Ultimately, the petitioner submitted a representation dated May 9, 2003 to the West Bengal School Service Commission, Western Region to the effect that the petitioner had obtained B.Sc(Agriculture) Honours degree and as such she was entitled to the higher scale of pay. It is submitted by Ms. Mitali Bhattacharya, learned advocate appearing for the petitioner, that B.Sc(Agriculture) Honours degree was higher than pass course degree and she was entitled to higher scale of pay. It is also submitted on behalf of the petitioner that post graduate scale of pay was granted to a similarly circumstanced Assistant Teacher of Kishore Nagar S. S. Sadan School district Midnapore. Drawing the attention of this court towards a final order dated November 5, 2003 passed in the matter of Debarati Pal Vs. State of West Bengal( in re: W.P.1464(W) of 2001) it is submitted on behalf of the petitioner that in a similar circumstances higher scale of pay was granted to another Assistant Teacher. According to the petitioner this is case of discrimination.
(3.) THE learned counsel appearing for the petitioner relies upon the decisions of Ajay Jadhav Vs. Government of Goa, reported in AIR 2000 SC 451, The State of West Bengal Vs. Sauvik Ghosh & Ors. reported in 2008(1) CLJ(Cal) 810, Dibyandu Bhattacharya Vs. Steel Authority of India Ltd., reported in 2008(4) CHN 232 and Kashi Nath Bose Vs. State of West Bengal, reported in 2011(2) CHN (Cal) 536 in support of the above submissions. On the other hand it is submitted by Tapabrata Chakraborty, learned counsel appearing on behalf of the respondent nos.3,4, that the petitioner participated in the selection process against the vacancies for Assistant Teacher with graduate scale of pay. As a result, the respondent no.4 considered the candidature of the petitioner in respect of that vacancy. According to him there was no error in recommending the name of the petitioner against the vacancy carrying graduate scale of pay. The petitioner also joined the above service without raising any objection. According to him, candidature in respect of a vacancy for Assistant Teacher with graduate scale of pay could not be considered for awarding higher scale of pay. Drawing the attention of this court towards revision of Pay and Allowance Rules, 1998 relating to the employees of West Bengal Recognised non-governed aided educational institutions(hereinafter referred to as the ROPA Rules, 1998), it is submitted by Mr. Chakraborty that the scale of pay of a graduate Assistant Teacher with Physical Education degree or Work Education degree was fixed at Rs.1420-3130 having its notional effect from January 1, 1996 and actual effect of April 1, 1997. As a result, the above scale of pay was prescribed for recommending the name of the petitioner for appointment to the said school. It is further submitted by Mr. Chakraborty that the aforesaid provisions of ROPA Rule, 1998 were not taken into consideration at the time of disposal of the writ application bearing W.P. No.1464 of 2001. Therefore, according to him no relief can be granted to the petitioner on the basis of the above decision in respect of another Assistant Teacher.;