Samapti Chatterjee, J. - (1.) THE petitioner filed the present writ petition for direction upon the school authority to comply with the Order passed by the Hon'ble Appeal Court and the order passed by the Secretary, School Education Department to grant revision of pay scale to the petitioners in terms of claim made by the petitioners.
(2.) THE petitioners' case in brief is as follows: - That the Emmanuel English School was established in the village and post office Samsi, District - Malda in the year 1982. The petitioners were appointed in the said school from time to time in the post of Assistant Teachers and Petitioner No. 6 was appointed in the post of Clerk -cum -Typist/Accountant. The school authority follows the syllabus and other administrative functions under Council of India School Certificate Examination, New Delhi. But by Memo dated 24th February, 1998 the Deputy Secretary, School Education Department, Government of West Bengal, intimated the Director of the School Education West Bengal Anglo Indian Section that the school education department has no objection to grant of the affiliation of the Emmanuel English School, Samsi, Dist -Malda of its secondary wing for the purpose of preparing its candidates and presenting them for the final Secondary Level Examination of the I.C.S.C Council (Indian School Certificate Examination). Paragraph 6 of the said Memo dated 24th February, 1998 provides that ".....The school will pay its teaching and non -teaching staff emoluments at a rate which will not less than those of their counterparts with equivalent educational qualifications in the State Aided Educational Institution of the State and also will provide the contributory provident fund for the employees as prescribed under the relevant Provident Fund Act/Rules under Government of India." That on 24th August, 1998 the Council for Indian School Certificate Examination was pleased to affiliate the said Emmanuel English School which was recognised by the State of West Bengal by Code No. WB 172 dated 24th August, 1998 and the Council also granted permanent affiliation of the said school initially up to Class X and thereafter upto Class XII standard. It is submitted that the school authority has been deducting the provident fund contribution at the respective rates from the salaries of the petitioners as per employees provident fund scheme from 1994 -95 till date and the petitioners have been regularly paying the provisional tax to the State of West Bengal accordingly. Since the petitioners had not been paid the salaries and other admissible allowances at par that of the teaching and non -teaching staff of the State Aided Secondary School recognised by the West Bengal Board of Secondary Education, therefore, the petitioners on 23rd February, 2009 made a representation before the State Authorities with a prayer for disbursement of salaries at par with that of the teaching and non -teaching staff appointed in State Aided Institutions, as the petitioners are permanent employees of the said institution and their school has been affiliated under the State of West Bengal vide Memo dated 24th February, 1998. Against that the District Inspector of School (S.E.) Malda vide his letter dated 3rd December, 2009 informed the petitioners that the State Government cannot grant any relief to the petitioners in terms of their prayer for enhancement of emoluments as prayed for.
(3.) IT is also submitted that since the affiliation of the said school is from 24th February, 1998 the school authority has no longer fulfilled the conditions for recognition as laid down in the code of regulation for Anglo Indian and other State Schools, 1993 by paying the teachers and non -teaching staff emoluments at a rate equivalent to the teaching and non -teaching staff of the State Aided Secondary Schools which is highly arbitrary and bad in law.;