- (1.) The writ petitioner at present works as the head clerk-cum-cashier in Helen Keller Badhir Vidyalaya. This is an institute which is sponsored by the Directorate of Mass Education Extension and Library Services of the Government of West Bengal. In this proceeding, he has prayed for a mandatory direction upon the respondents, being the State Government, its functionaries and the institute itself, for placing him in the scale of pay enjoyed by other persons holding similar posts in other institutes under the same as well as other Directorates or Department of the State Government. The petitioner was placed in the pay-scale of Rs. 1,040-1,920, which corresponds to the pay-scale of Rs. 3,350-6,325 after the Revision Pay and Allowance Rules, 1998 became operational. The petitioner's case is that in other institutes under the same Directorate and in other Directorates under the State Government similarly circumstanced persons have the benefit of initial pay-scale of Rs. 1,260 to Rs. 2,610/-, which was enhanced to the scale of Rs. 4,000-Rs. 8,850/- under the ROPA 1998.
(2.) The petitioner's employment in the said institute was formalized as an organised staff with effect from 1st April, 1997, and at that point of time, he was placed in the scale of pay of Rs. 1040-Rs.1920/-. The petitioner has referred to five other institutes, in which he claims that similarly situated persons discharging the same nature of duties are getting the benefit of higher scale of pay, with whom he seeks pay parity. In particular the petitioner has referred to two institutes under the Mass Education Extension Directorate, being Shramik Vidyapith and Banipur Home. In the former, the petitioner has claimed that the head clerk is drawing the scale of pay of Rs. 4000 - Rs. 8850/- and in the latter the, head clerk as also the upper division clerk are drawing a pay in the same higher scale. In the Library Sciences Directorate under the same department, the petitioner has referred to Bangiya Sahitya Parishad. The accountant-cum-chief clerk in that institute, according to the petitioner is also placed on a higher scale of pay, which is being demanded by the petitioner.
(3.) Ms. Sengupta, learned Advocate appearing for the petitioner has also drawn my attention to two institutes dedicated to training of physically challenged persons being Cooch Behar Blind School and Raiganj Deaf and Dumb School, both under the under the Social Welfare Department. In these two institutes the head clerk-cum-cashier as also accountant-cum-upper division clerk are getting the revised higher scale, corresponding to the scale of Rs. 1260-Rs.2610/-. It is also contention of the petitioner that the head clerk-cum-accountant of Ballygunge Training Institute, being a school operating under the Technical Education and Training Department controlled by the Technical Education Department of the State Government is enjoying the benefit of higher scale of pay.;