Samapti Chatterjee, J. - (1.) The petitioner has filed the present writ petition for grant of higher scale of pay of Rs. 5500 -11325 as per ROPA 1998, subsequently revised to Rs. 9000 -40500+ Grade pay Rs. 4700/ - as per ROPA, 2009 to the petitioner as granted to the other assistant teachers in the Work Education.
(2.) The petitioner's case in brief is as follows: - - "On 17th March, 2001 petitioner's name was sponsored by the concerned School Service Commission for appointment to the post of Assistant Teacher in Work Education to the Nurkona High School, District -Burdwan. The requisite qualification of the said post is quoted below: - - "4 -The essential qualifications for the post of Assistant Teacher for Work Education as stipulated and enumerated in the aforesaid advertisement are as follows: - -Assistant Teacher for Work Education essential qualification: - - i) Bachelor degree with Post Graduate Basic Training or Bachelor degree with Work Education as Method subject at Bachelor of Education level; Or ii) Technical degree or diploma such as L.M.E., L.C.E. Or iii) Diploma in three year degree course in Home Science; Or iv) Bachelor of Science in Agriculture; Or v) School Final/Madhyamik/Higher Secondary with degree or diploma in Art and Craft recognised by the State Government/University Or vi) Bachelor degree along with Certificate in Tailoring/Lady Brabourne needle work (3 year course)/Diploma in other craft training recognised by the State Government." The petitioner joined the said school with the salary of Rs. 4500 -9700 and subsequently the appointment of the petitioner was approved by the respondent No. 4 on 2nd May, 2001 with effect from 27th March, 2001. The petitioner came to know that though the petitioner has been processing essential qualification for diploma in Electrical Engineering since 27th March, 2001, in spite of that he has been receiving the salary of Rs. 4500 -9700 but the other assistant teachers in Work Education group who have been performing the same nature of work as the petitioner they have been provided with the salary of Rs. 4650/ - per month and some others have been enjoying basic salary of Rs. 5500/ - per month. Therefore, the petitioner on 6th January, 2012 made a representation before the authority for equal pay for equal work for the post of Assistant Teacher in Work Education group. The petitioner also made representation on 19th March, 2012 through his learned Advocate since the respondent authority were sitting tight over the petitioner's representation hence, the present writ petition.
(3.) Mr. Subir Sanyal, learned Advocate appearing for the petitioner contended that since all the assistant teachers for the Work Education group has been directly recruited to the said post having requisite qualification, therefore, pay scale of all the assistant teachers for the Work Education should be governed with an uniform scale.;