PRASENJIT MANDAL,J. - (1.) THIS application is at the instance of two Physical Instructors and two Coaches of the University of Kalyani and is filed for issue of a writ of mandamus commanding the respondents not to give any effect of the impugned reasoned order/Memo being No.26/1(6)/PPS/RH dated December 5, 2012 issued by the Secretary, Higher Education Department, Government of West Bengal by quashing the same and other consequential reliefs.
(2.) THE following facts are not in dispute:- (i) The writ petitioners are the two physical instructors and two coaches of the Department of Physical Education, University of Kalyani and they joined the said posts on different dates in the month of February 2011 through a selection process. (ii) In the letters of appointment, it was indicated that the physical instructors and coaches were appointed in the scale of pay of Rs.9,000/--28,300/-, G.P. of Rs.4,400/- (likely to be revised) with effect from the date of joining in the respective posts. (iii) It may be noted herein that at the time of joining, the Revised Pay Rules of 2009 came into force but the corresponding scale was not declared at the time of appointment. But, it was indicated that the old scale of pay, i.e., prior to revision of pay in 2009 was mentioned in the letters of appointment. (iv) At the time of preparation of the pay bill for the petitioners, the basic pay was fixed at Rs.13,400/-, compensatory pay of Rs.9,000/- and G.P. of Rs.4,400/- along with other allowances. (v) The petitioners made representations requesting to maintain similarity in the pay scales amongst the different physical instructors/coaches of the respondent university to the Vice Chancellor of the respondent university in vain and then in December 2012, the petitioners moved a writ petition being W.P. No.19617(W) of 2012 for fixation of proper pay to the petitioners. (vi) Pursuant to the directions dated October 10, 2012 passed by this Hon'ble Court in the aforesaid writ petition, the Vice Chancellor of the respondent university wrote a letter dated November 12, 2012 to the State Government, Higher Education Department, Bikash Bhawan, Kolkata-700091 indicating the entire matter of the physical instructors and coaches of the University of Kalyani, their present pay scales, anomaly of pay scales amongst them and the proposed pay scale including suggestions to remove the anomaly amongst the physical instructors and coaches. (vii) Pursuant to the said letter, by the impugned order dated December 5, 2012, the Higher Education Department, Government of West Bengal rejected the prayers of the writ petitioners. So, this application has been filed. The following two questions have cropped up for decision in the writ petition:- (I) Was there any violation of natural justice and fair play in the impugned order dated December 5, 2012 of the Higher Education Department, Government of West Bengal; and (II) Whether the petitioners are entitled to claim the scale of pay of Rs.15,600/- - Rs.39,100/- + G.P. of Rs.6,000/- according to the ROPA 2009.
(3.) UPON hearing the learned Counsel for the parties and on going through the materials on record, I find that the posts of physical instructor and coach under the University of Kalyani were created with the concurrence of the Government of West Bengal to the effect that the State Government would undertake the entire liability after the cessation of the UGC assistance. The pay scale of coach was similar to that of the University's physical instructor.;