ALOK KUMAR DAS Vs. STATE OF WEST BENGAL & ORS
LAWS(CAL)-2019-3-58
HIGH COURT OF CALCUTTA
Decided on March 25,2019

ALOK KUMAR DAS Appellant
VERSUS
State Of West Bengal And Ors Respondents

JUDGEMENT

Shamap Sarkar, J. - (1.) This writ petition has be filed for a direction upon the respondents to grant the petitioner trained graduate scale of pay for Librarian, that is, Rs. 1390-2970/- instead of Rs. 1040-1920/- from 1st August, 1997 (the date from which the petitioner enhanced his qualification) and to fix the salary of the petitioner accordingly and also to pay the arrears is salary that is the difference between the two scales of pay.
(2.) The facts of the case are that the petitioner was appointed as a librarian in Ideal School for the Deaf on voluntary basis on 22nd December, 1986 and the petitioner joined on 2nd January, 1987.
(3.) The petitioner was absorbed in the Scale of Pay of Rs.330-685/- (matric scale with/without training) with effect from 1st January, 1988 as per 372-Ednn.(B) dated 31st July, 1981. The absorption of the petitioner was intimated by a letter dated 11th May, 1988 issued by the Secretary of the school. Service of the petitioner was approved with effect from 1st January, 1988, post facto by memorandum no. 121/1(5)/ME/PH dated on 5 February, 2001 issued by Director of Mass Education Extension, West Bengal. The petitioner wanted to undergo training in library science and applied for permission from the school authority. The petitioner was permitted to prosecute his studies in Bachelor in library Science in an evening course. Certificate to that effect was given by the Headmistress of the said school on 17th April, 1996. In July, 1997 the petitioner passed the Bachelor of Library and Information Science Examination from Rabindra Bharati University. The petitioner applied for Trained Graduate Scale for librarians on 13th May, 1999 before the school authorities but the school did not grant that scale nor did the school recommend the case of the petitioner. On 14th December, 1999, the said school was upgraded upto Class VIII standard by a letter under Memo No.2298/ME/PH. The petitioner was given the old scale and not the trained graduate scale. Again, the petitioner applied for Trained Graduate Scale for librarians by a letter dated 3rd January, 2000 before the school authorities but the school did not grant that scale nor recommended it. On 21st June, 2001 the petitioner sent a representation to the Department of Mass Education Extension for the higher scale (trained graduate scale of pay.) On 7th December, 2001, the Governing Body of the school condemned the action of the petitioner for sending the representation directly to the Department. On 18thNovember, 2014, the petitioner renewed his prayer for trained graduate scale before the Secretary of the said school. On 26th November, 2014, the Managing Committee in its meeting resolved that the petitioner's application along with other documents should be sent to the respondent no.3 and the same was sent on 14th January, 2015 by the school with a recommendation for granting trained graduate scale to the petitioner. The said scale was not granted. Hence, this writ petition.;


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