Rina Laskar (Smt.) vs State of West Bengal

Indira Banerjee, J.—No one has appeared on behalf of the Respondents inspite of notice. Let the affidavit of service be kept on record.

This writ application is directed against the action of the Respondents in not granting the post graduate scale of pay to the Petitioner who possesses a post graduate degree in Physical Education.

The Petitioner was selected by the West Bengal Regional School Service Commission, Eastern Region for the post of Assistant Teacher of Physical Education and was recommended for appointment as Assistant Teacher of Durgapur Pallymangal Balika Vidyamandir, hereinafter referred to as the School.

The Petitioner was appointed Assistant Teacher of the School in the Physical Education group with effect from January 19, 1999.

At the material time when the Petitioner applied to the School Service Commission for appointment, the Petitioner did not have a post graduate degree in Physical Education. The Petitioner, however, acquired the post graduate degree in Physical Education after her selection and empanelment but prior to her appointment as Assistant Teacher of the School.

The appointment of the Petitioner to the school was duly approved by the concerned District Inspector of Schools.

2.The Petitioner was, however granted the B.A. B.Ed. scale of pay. The post graduate degree of the Petitioner in Physical Education, being her relevant teaching subject was ignored.

The Petitioner claims to be entitled to the post graduate scale of pay, which appears to have been denied to the Petitioner.

According to the Petitioner, the Petitioner is entitled to the benefit of Government Order being No. 33-Edn.(B) dated Calcutta the March 7, 1990 as clarified by the Government Order being No. 795-Edn.(S) dated Calcutta, the November 22, 1993. The relevant portion of the Government Order dated March 7, 1990 is extracted hereinbelow:

16(3) All teachers and librarians of Secondary Schools who have improved or 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 teachers/librarians of other institutions/organizations as mentioned in Annexure-I.

The Government Order dated November 22, 1993 is s extracted hereinbelow:

The undersigned is directed to say that it has come to the notice of this Department that higher scale of pay is not being granted to Physical Education Teachers having higher qualification of Master Degree in Physical Education. This is presumably due to non-existence of any provision for post graduate teacher in Physical Education in terms of the staff pattern laid down in G.O. No. 772-Edn.(S) dated the 8th July, 1974.

In this Department Memo No. 372-Edn.(S) dated 31st July, 1931 read with memo No. 33-Edn.(B) dated the 7th March, 1990 the higher scale of pay to the teachers of Secondary Schools having higher qualification has already been granted.

It is now clarified that all such Physical Education teachers including those of Madrasahs of various types having Master Degree in Physical Education from recognized Universities will be entitled to get higher scale of pay in relaxation of the above noted staff pattern.

This order will take effect from the date of issue of this clarification.

By a Memorandum No. 25-SE(B)/1M-102/98 dated Calcutta, the February 12, 1999 the Government of West Bengal accepted the recommendation of the Fourth Pay Commission. The said memorandum inter alia provided as follows:

12(3) All teachers including physical education teachers and librarians of secondary schools who have improved/will improve their qualifications who were appointed with higher qualification in the subjects or groups relevant to their teaching/appointment shall get higher scale of pay appropriate to their qualifications, with effect from the 1st January, 1996 or the date of improving qualifications, whichever is later.

By a Circular, being No. 155-Se(B)/10M-102/98 Pt. I dated Calcutta, the July 13, 1999, Government of West Bengal amended Memorandum No. 25/SE(B)/IM-102/98 dated January 12, 1999 in the manner indicated herein-below:

5) All teachers, including Physical Education teachers and Librarians of Secondary Schools who have improved/will improve their qualification or who are appointed with higher qualification in the subjects or group relevant to their teaching/appointment shall get higher scale of pay appropriate to their qualifications, with effect from the 1st January, 1996 or the date of improving qualification, whichever is later, provided that such higher qualified teachers in the relevant subjects or group is justified as per approved staff pattern of that school, if such teacher is appointed through West Bengal School Service Commission, his/her pay will be fixed in the scale of pay as per his/her qualification mentioned by the West Bengal School Service Commission.

From the Government Orders/Circulars referred to above it is amply clear that a teacher of Physical Education appointed with post graduate degree in Physical Education, a subject relevant to his/her teaching subject, is entitled to the higher post graduate scale of pay.

It is true that the qualification of the Petitioner has been recorded by the School Service Commission as B.A. B.Ed. since the Petitioner was not a post graduate at the time of her selection and empanelment on January 21, 1999.

The Government Order/Circular dated July 13, 1999 in so far as it amends the earlier Government Orders and provides that if a teacher is appointed through the West Bengal School Service Commission, his/her pay would be fixed in the scale of pay as per his/her qualification mentioned by the West Bengal School Service Commission cannot be applied to the Petitioner retrospectively.

In fact, in a similar case of one Soumen Dutta who had obtained the Master of Physical Education Degree i.e. post graduate degree in a relevant teaching subject, the Director of School Education granted him the higher post graduate scale of pay by memo No. 284/1 (S) L.C. dated November 17/16, 2003 observing that when the said Soumen Dutta joined the School on April 5, 1999 the Government Order No. 155-SE(B)/10M-102/98 Pt.I dated July 13, 1999 did not come into effect.

There is, therefore, no reason why the Petitioner should not also be granted post graduate scale of pay.

In course of hearing, the Petitioner has produced a letter dated January 6, 2004 written by the Director of School Education, West Bengal calling upon the Petitioner to produce her original Master of Physical Education Certificate and Mark Sheet along with attested photocopies of the same.

The said letter was received by the Petitioner after initiation of this writ proceedings. Let a copy of the said letter be kept on record.

The Petitioner shall comply with the directives contained in the letter dated January 6, 2004 and shall produce the original as also attested photocopies of the. Master of Physical Education Mark Sheet/Certificate at a date and time to be refixed by the Respondent Director of School Education. If it is found that the Petitioner had passed the Master of Physical Education Examination at the time of her appointment as Assistant Teacher of the School, the Petitioner shall be granted the higher post graduate scale of pay as has been done in the case of Soumen Dutta referred to above.

The Director of School Education shall take a decision with regard to the scale of pay of the Petitioner in accordance with this order within a period of six weeks from the date of communication of this order.

The writ application is disposed of on the above terms. There will be no order as to costs.

If an urgent xerox certified copy of this order is applied for, the same is to be supplied to the Applicant expeditiously subject to compliance with all the required formalities.