- (1.) THIS writ application is filed by the petitioners praying for issuing writ in the nature of mandamus commanding the respondent No.9 to implement the salary structure as prescribed in the Revision of pay and Allowance Rules, 2009 in respect of the petitioners in connection with their services as assistant teachers of Holy Child Institute Girls' Higher Secondary School, District Kolkata , with effect from April 1, 2009.
(2.) THE facts of this case in a nutshell are as follows: The petitioners are approved assistant teachers of Holy Child Institute Girls' Higher Secondary School, District Kolkata (hereinafter referred to as the said School) which is a Dearness Allowance (D.A.) getting minority school. By an order passed under Memo No. 641 -SE(Law) dated 5S -577/2001 May 29, 2002,the Government of West Bengal, School Education Department, Law Branch, decided that the authorities of all D.A. getting schools recognized by West Bengal Board of Secondary Education in the State, which received D.A. component for the approved teaching and non - teaching staff of their schools from the Government of West Bengal, would have to pay salary in the appropriate scale of pay from their own resources to the approved teaching and non -teaching employees prescribed by the State Government for teachers and non -teaching employees of the Government aided schools with immediate effect. It was also decided that the approved teaching and non -teaching employees of those D.A. getting schools would get D.A. from the Government (on percentage basis) at the rate as it was admissible to other employees of State Government aided Educational Institutions as was announced from time to time by the State, in supersession of all the previous orders issued from the Government to that effect, provided that those posts were duly sanctioned by the Government and appointment of teaching and non -teaching staff to those posts had been approved by the Government. For ascertaining the full and complete text of the above order, the same is quoted below: GOVERNMENT OF WEST BENGAL School Education Department, Law Branch No. : 641 -SE(LAW) 5S -577/2001 Dated: Kolkata.29.05.2002. To : The Director of School Education, West Bengal Sub. : W.P. No.707 of 2000 Staff Council, Gyan Bharati Vidyapith and Anr. ­ Vs ­ State of West Bengal and Others. The undersigned is directed to say that pursuant to the order of the Hon'ble High Court dated October 8, 2001 in W.P No.707 of 2002 in the case of Staff Council Gyan Bharati Vidyapith and Anr. ­ Vs - State of West Bengal and Ors.. the mater regarding payment of salaries to the approved teaching and non - teaching employees of D.A. getting schools recognised by the West Bengal Board of Secondary Education at the rate of at least not less than what the teaching and non -teaching employees of the recognised Govt. aided Schools are being paid. Keeping in view the direction issued to the Anglo -Indian schools has been taken up for consideration. After due consideration of the matter, it is decided that the authorities of all D.A. getting schools recognized by the West Bengal Board of Secondary Education in the state which receive D.A. component for the approved teaching and non -teaching staff of their schools from the Govt. of West Bengal will have to pay salary in the appropriate scale of pay from their own resources to the approved teaching and non -teaching employees at the rate prescribed by the State Govt. for teachers and non - teaching employees of the Govt. Aided Schools with immediate effect. It is also decided that the approved teaching and non - teaching employees of those D.A. getting schools will get D.A. from the Govt. (on percentage basis) at the rate as is admissible to other employees of State Govt. aided Educational Institutions as is announced from time to time by the state, in supersession of all the previous orders issued from the Govt. to this effect, provided that these posts were duly sanctionned by the Govt. and appointment of teaching and non -teaching staff to these posts were approved by the Govt. and appointment of teaching and non -teaching staff to these posts were approved by the Govt. It is reiterated in this connexion that no school will claim D.A. for the staff who is/are not approved and is/are not within the sanctioned strength. The Director of School Education, West Bengal is requested to inform the authorities of all D.A. getting schools to follow the order so that the approved teaching and non -teaching employees of these D.A. getting schools are paid their salaries by them, as per decision. D.A. component will only be released by the D.I. on verification of monthly acquittance rolls of the approved staff. This order will take immediate effect. Sd/ - D. Basu Spl. Secretary to the Govt. of West Bengal. No. : 1419(6) -G.A. Kolkata, the 5th June, 2002. Copy forwarded to: The Dist. Inspector of Schools, ............................... with the request to inform the authorities of all recognized D.A. getting schools to pay salary in the appropriate scale of pay from their own resources to the approved teaching and non - teaching staff at the rate prescribed by the State Govt. for teaching and non -teaching staff of the recognized Govt. aided schools with immediate effect. D.A. component (on percentage basis) will only be released by the D.I. of Schools (SE), on verification of monthly acquaintance rolls of the approved staff. Sd/ - For Director of School Education, West Bengal.
(3.) IN compliance of the above order, the respondent No.9 introduced pay structure for its approved teaching and non -teaching staff at the rate prescribed by the State Government for teachers and non -teaching employees of the Government aided schools under the Revision of Pay and Allowance, 1996 (hereinafter referred to as ROPA, 1996). By a memorandum No.46 -SE(B)/5B -1/2009 dated February 27, 2009 issued by the Government of West Bengal, School Education Department, Budget Branch, implemented Revision of Pay and Allowance, 2009 (hereinafter referred to as ROPA, 2009) in respect of the Government sponsored, aided schools up to class -XII standard, amongst others, for actual payment with effect from April 1, 2008 with its notional effect from January 1, 2006.;