PROTIK PRAKASH BANERJEE,J. - (1.) This appeal has been preferred by the school authorities against the judgment and order dated December 7, 2016 passed in W.P. No.15316 (W) of 2016 [Mrs. Hasi Sen and Others-v-State of West Bengal and Others]. The learned single Judge disposed of the writ petition by issuing a writ of mandamus to implement the directive dated August 31, 2012 issued by the authorities of the State of West Bengal with a rider that if the school authorities failed to implement it in terms of the order impugned, the Deputy Director of School Education (Anglo Indian Schools), the present seventh respondent, would take appropriate penal action against the school authorities.
(2.) The second appellant is an educational institution established and administered by a religious minority institution. It inter alia imparts religious instructions thereat. The other appellants are the religious institution and the authorities of the said second appellant. The writ petitioners/the present first to fourth respondents (hereafter the writ petitioners) are the teachers at the said school. They came to the writ court with a petition affirmed on July 7, 2015, complaining that the school authorities had not paid the arrears payable to them under the Revision of Pay and Allowances Rules, 2009 (hereinafter "ROPA 2009") and also that the State of West Bengal and it's instrumentalities were not taking steps against the school authorities for violating the orders passed by them including the direction dated August 31, 2012 passed by the present respondent no.7. The principal prayers made in the writ petition are as follows:- "a. A writ of/in the nature of Mandamus commanding the respondent authorities and each of them to withdraw, rescind and/or recall any order that might have been passed against the petitioners directing non-payment of arrears sin terms of the ROPA 2009 and any action subsequent thereto and in consequence thereof. b. A writ of/in the nature of Mandamus commanding the respondent authorities and each of them to make payment of the arrears for the period from April 01, 2008 to March 31, 2009 along with interest at the applicable rate for the period from April 1, 2009 till the realization of the same. c. A writ of/in the nature of Mandamus commanding the respondent authorities and each of them more particularly the respondents no.1 to 4 to initiate appropriate proceeding against the school authorities in terms of law for violating the orders passed by them."
(3.) The said directive dated August 31, 2012 is at page 94 of the application for stay, CAN 123 of 2017. By the said directive, addressed to the fourth appellant, the principal of the second appellant, the seventh respondent stated as follows:- "Sub: Payment of arrears to the teaching and non-teaching staff of St. Tereasa's Secondary School, 72, Diamond Harbour Road, Kol-23, from 1st April, 2008 to 31st March, 2009. Re: Her Memo no. STS/1106/12 dated 31.1.2012. In reference to the subject mentioned above, the undersigned has to inform that the teaching and non-teaching staff of her school have been paid arrear amount of pay related to the 6th Pay Commission for the period from 1st April, 2008 to 31st March, 2009 according to Ropa, 2009 excluding the admissible DA component released by the Dist. Inspector of Schools (SE) Kol. Once again it may be reminded that all schools recognised under the Chapter-IV of the Code of Regulation for Anglo-Indian and Other Schools, 1993 shall pay their teaching and non-teaching staff's pay, house rent, medical allowances, gratuity and C.P.F. in the scales lower than those approved by the State Govt. in respect of Govt. aided schools affiliated to the West Bengal Board of Secondary Education or as prescribed under the relevant Provident Fund Act/Rules of Govt. of India. St. Teresa's Secondary School, 72, Diamond Harbour Road, Kol-23, is getting D.A. from the Govt. time to time on the revised basic pay according to Ropa, 2009 but the teaching and non-teaching staff have been paid arrears of pay for the period from 1.4.2008 to 31.3.2009. She is also reminded that to remain a D.A. getting school, the school authority needs to obey the above-mentioned code of Regulations, 1993. Under the circumstances, she is requested to take necessary steps to pay the arrears to the teaching and non-teaching staff of her school for the said period in accordance with the provision as laid down in chapter-IV of Code of Regulations for Anglo-Indian and other listed schools, 1993. This may be treated as urgent.";