Arindam Sinha, J. - (1.) Two writ petitions were heard together. WP 23850(W) of 2010 impugned reasoned order by memo dated 24th September, 2010 in which claim of petitioner therein for higher scale salary was found not justified as he belonged to primary school for (deaf) attached to 'SATHI' (an institution of education and training for deaf and blind). WP 23852 (W) of 2010 impugned reasoned order by memo also dated 24th September, 2010 in which similar claim of petitioner therein was found not justified on same reason. The only difference in two impugned memos in these two writ petitions is that they deal with different claimants.
(2.) Mr. Sanyal, learned advocate appeared on behalf of petitioners in both writ petitions while Mr. Sikdar learned, advocate appeared on behalf of State in WP 23850 (W) of 2010 and Mr. Samrat Sen, learned senior advocate, Assistant Additional Advocate General, appeared for State in WP 23852 (W) of 2010.
(3.) Mr. Sanyal submitted, institutions or schools for handicapped come under category of secondary school. He relied on clause (l) of section 2 in West Bengal Board of Secondary Education Act, 1963. The provision is reproduced below. "2(l) "Secondary Education" means general education above the primary education stage provided for students with a view to qualifying them for admission to a certificate, diploma or degree course instituted by a University or by Government [or by a Statutory Body] and includes, subject to any general or special order of the State Government,- (i) technical education, (ii) agricultural education, (iii) commercial education, (iv) education for the physically handicapped, (v) education for the mentally retarded and defectives, (vi) education in reformatory schools and jails, or (vii) any other type of education which the State Government may, in consultation with the Board, specify." He submitted, primary education is given meaning in clause (xvii) of section 2 in West Bengal Primary Education Act, 1973, to be elementary education as is imparted through a primary school. Primary school has been given meaning in clause (xviii) of section 2 in said Act, to be a school or department of school for imparting such primary education as State Government may prescribe. Rehabilitation Council of India Act, 1992 defines expression 'handicapped' and 'hearing handicapped' respectively under clauses (c) and (d), sub-section (1) of section 2. He relied on judgment of Supreme Court in P. Kasilingam vs. P.S.G. College of Technology, 1995 Supp2 SCC 348, to paragraph 19 for purpose of interpretation of clause (1) in section 2 of 1963 Act. A passage from paragraph 19 is extracted below: "19......It has been urged that in Rule 2(b) the expression "means and includes" has been used which indicates that the definition is inclusive in nature and also cover categories which are not expressly mentioned therein. We are unable to agree. A particular expression is often defined by the Legislature by using the word 'means' or the word 'includes'. Sometimes the words 'means and includes' are used. The use of the word 'means' indicates that "definition is a hard-and-fast definition, and no other meaning can be assigned to the expression than is put down in definition".(See: Gough v. Gough; Punjab Land Development and Reclamation Corpn. Ltd. v Presiding Officer, Labour Court.) The word 'includes' when used, enlarges the meaning of the expression defined so as to comprehend not only such things as they signify according to their natural import but also those things which the clause declares that they shall include. The words "means and includes", on the other hand, indicate "an exhaustive explanation of the meaning which, for the purposes of the Act, must invariably be attached to these words or expressions" (See: Dilworth v. Commissioner of Stamps (Lord Watson); Mahalakshmi Oil Mills v. State of A.P." Applying the judgment, he submitted, results in inclusion of said institution as one imparting secondary education and consequently petitioner entitled to enhanced pay by reason of higher qualification.;