HARISH TANDON,J. - (1.) The present writ petition is filed by the petitioner for grant of benefit of higher scale of pay for acquiring higher qualification i.e. Bechalor Degree in Library and Information Science in terms of sub-paragraph 3 of paragraph 16 of Memorandum No. 33-EDN(B) dated 7th March 1990 issued by the Secretary, Education Department, Government of West Bengal with corresponding higher scale of pay under ROPA 1998 and 2009.
(2.) It is an indisputed stand of the petitioner that he was appointed as Librarian in a Rural Library having initial qualification of less than Bachelor Degree. Subsequently, the petitioner acquired Bachelor Degree in Library and Information Science from the recognized University/Institution prior to 21st July 1990. In the meantime, the Secretary, Education Department, Government of West Bengal issued the said Memorandum dated 7th March 1990 for revision of scale of pay of the aided rural/area/primary unit library with effect from 1986. Paragraph 16(3) of the said Memorandum dated 7th March 1990 is quoted as under: "Paragraph 16(3) of memorandum dated March 7, 1990 (3) All teachers and librarians of Secndary Schools who have improved/will improve their qualification or who were appointed with higher qualification in the subject or group relevant to their teaching/appointment shall get higher scale of pay appropriate to their qualifications with effect from the 1st January, 1986 or the date of improving qualification whichever is later. This principle shall apply mutatis mutandis to the terachers/librarians of other institutions/organisations as mentioned in Annexure-1." Subsequently, a further Memorandum was issued within a span of six months from the date of earlier Memorandum on 21st July 1990 amending the said Memorandum dated 7th March 1990 in the following: "Memorandum dated July 21, 1990 In sub-para 3 of para 16 of the order, for the sentence 'This principle shall apply mutatis mutandis to the teachers/librarians of other institutions/organisations as mentioned in Annexure-1' the following shall be substituted: 'Order in this behalf relating to teachers/librarians of other Institutions/Organisations as menhtioned in 'Annexure-I' wherever necessary shall be issued separately.' This order issues with the concurrance of the Finance Department vide their U/c No. Group P No. 2512 dated 10.7.90."
(3.) It is in dispute that no further order saw the light of the day until another Memorandum was issued on 2nd June 1994 in continuance of Memorandum dated 7th March 1990 on the subject of pay scales of the library staffs.;