NARU GOPAL GOSWAMI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present Rule was issued at the instance of the writ petitioner challenging the impugned order and decision being in Annexures "H". "I" and "J" in so far as the respondent Nos. 3 10 25 and the petitioner are concerned and to forebear the respondents from giving any effect and/or further effect to the said impugned orders of decision and from publishing any other seniority list of the Assistant Masters and on issuing any other order granting new/intermediate Selection Grade to the Assistant Masters without properly fixing the seniority of the petitioner and without considering the case of the petitioner for new/intermediate Selection tirade on the basis of the first seniority list. It is stated in detail that the petitioner was appointed as a Vernacular teacher of Jenkin's School. Cooch Behar and he joined the said post on or about 1st February. 1953 in the Scale of Pay Rs. 70-150/-. It is alleged that the Director of Public Instruction. Government of West Bengal by Memo dated 13th August. 1954 approved the appointment of the petitioner with retrospective effect from 1st September. 1953. Certain changes were brought in the nomenclature of vernacular and classical teachers and those two categories were upgraded and designated as Assistant Teachers in the Pay Scale of Rs. 100 to 225/- with effect from 1st March. 1957. The petitioner was allegedly absorbed as an Assistant Teacher against the sanctioned strength of post as declared by the authority. The petitioner claims to have passed Special Honours in 1963 and he WAS given higher scale of pay Rs. 225-475/- with the initial increments at Rs. 245/- with effect from 11th April. 1963. He was sent for deputation for B.T. Training in David Hare Training College. Calcutta and the petitioner passed B.T. Examination in 1965.He was declared to have been serving as permanent in the post of Assistant Teacher in Jenkin's School in the Scale of Pay Rs. 225-475/- with effect from 9th July. 1967. It is placed on record that the Director of Public Instruction. West Bengal published 011 8th of June. 1971. a gradation list (provisionally) of dill categories of teachers of Government School in West Bengal.In the said gradation list. the petitioner's name appeared at Serial No. 115 just after the name of Sri Saroj Kumar Bhowmick. a teacher of Jenkin's School. Coach Behar and the petitioner was shown immediate junior and the petitioner was shown as Senior in service to the respondent Nos. 3 to 25. The Director of Secondary Education. West Bengal published another gradation list of 75 Assistant Masters of Government High Schools in West Bengal (Provisional) showing the order of seniority and other relevant details on 19th April. 1978 wherein. the name of the petitioner was not included although persons who joined as vernacular teacher/classical teacher later on the petitioners who arc regularised as Assistant Masters either with effect from 1st March. 1957 or from subsequent date.The name of Saroj Kumar Bhowmick was. however. included at Serial No. 42 of the said post . Being aggrieved. the petitioner sent a representation to the Deputy Director of Secondary Education (West Bengal) through Headmaster of Jenkin's School. The Director of Secondary Education. West Bengal. however finally published a gradation list of 79 Assistant Masters of Government High Schools in West Bengal on 12th August. 1978 in supersession of previous lists to the dates of substantive appointments and confirmation thereto wherein the petitioner was not shown anywhere. Notwithstanding the fact that the name of the petitioner was duly- published in the provisional Gradation List in 1971. the Director of Secondary Education. West Bengal vide his Memo dated 17th October. 1978 passed further orders for appointment to the new intermediate Selection Grade Posts of Assistant Masters in the Scale of Pay Rs. 560-825/- with effect from 1.3.74 and subsequent dates wherein the names of many juniors to the petitioner have been included showing the date of substantive appointment and confirmation. The petitioner being aggrieved has come to this Court and obtained a Rule seeking reliefs as indicated above.

(2.) It is argued on behalf of the petitioner that having been initially appointed on 1.8.53 and thereafter being regularised as Assistant Master with effect from 1st March. 1957 against the substantive post. the petitioner should be regarded as senior in the cadre of Assistant Masters. In view of the length of service of the petitioner for more than 10(ten) years and in view of the seniority of the petitioner. he ought to have been given New/Intermediate Selection Grade by the Authority before allowing the juniors to the petitioner viz. the respondent NOS. 3 to 25.

(3.) The writ petition is contested by the State respondent and the private respondent .Nos.3 to 25. It is disclosed that the teachers of the Government Schools were divided into separate categories and cadres viz. the Assistant Masters. Vernacular Teachers. Classical Teachers and under-Graduate Teachers. The Assistant Masters form the separate cadre higher than the other cadres like Vernacular Teachers. Classical Teachers and under-graduate Teachers etc. The recruitment qualification. scale of pay of the Assistant Masters were different from those of the Vernacular Teachers. Classical Teachers and under-Graduate Teachers. The minimum educational qualification for being an Assistant Master was graduation with B.T. Training. The Assistant Masters belonged to the Sub-ordinate Education Service and their recruitment and conditions of service arc governed by West Bengal Sub-ordinate Education Service Rules. 1940 as amended from time to time. Prior to 1957. the Assistant Masters and Sub-Inspectors of Schools were appointed by the Director of Public Instruction from I joint panel prepared for the purpose of recruitment to the Sub-ordinate Education Service. The Assistant Headmasters and Assistant Inspectors of Schools were filled up by promotion from the Assistant Masters and Sub-inspectors of Schools. The qualified Assistant Masters were also entitled to get the promotion to the post of Lecturer in Government Colleges and Government Teachers Training Colleges. The Vernacular and Classical Teachers were being appointed under local arrangements.The said teachers needed not to be graduates. Their scale of pay was also lower. Their appointments were also initially purely on ad hoc basis subject to the approval by the D. P. I. The promotional posts of Vernacular and Assistant Teachers were post of Assistant Masters. The Vernacular and Classical Teachers with requisite qualifications of an Assistant Master were being promoted as Assistant Master after due selection if and when vacancies arose. The system of diversified courses known as Multi-purpose Education was introduced in 1957 in the State of West Bengal. The introduction of the said system in the Government High Schools in West Bengal was up-waded to Multipurpose Schools with diversified courses of studies. After the said upgradation of the Government High Schools. Multi-purpose Higher Secondary Schools the minimum recruitment qualification of the Assistant Masters was raised to Honours 2nd Class Master's Degree in the relevant subject with B. T. The recruitment to the post of Assistant Sla5ters in the Government Secondary Schools was made through Public Service Commission. West Bengal. However. as trained Honors or Master's Degree holders were not available in certain subjects. the State Government subsequently raised the recruitment qualification and decided to recruit untrained honors of Second Class Master's Degree holders without being trained through Public Service Commission in the said specified subjects. The Government had decided to stop further recruitment to the posts of Vernacular and Classical Teachers. After such upgradation in some Government Schools. Morning Sections were opened for the purpose of running classes from Class I to Class V. For morning Sections. new categories of teachers were being recruited such as Assistant Teachers. Graduate Teachers. under-Graduate Teachers. Art and Craft Teachers. 'The minimum qualification for the appointment to the post of Assistant Teachers was graduated Basic Training. The scale of pay of Assistant Teachers was lower than the Scale of Assistant Masters;. The Public Service Commission had nothing to do with the appointment of Assistant Teachers. It is further placed on record that by Order dated. 18/20th July 1957. the State Government decided that no further recruitment would be made to the posts of Classical Teachers and Vernacular Teachers in Government Schools for Boys and Girls and that all vacancies in the scale would henceforth be filled in the cadre of Assistant Teachers in the Scale of Rs.100-5-215-225/-. By the same order. 82 posts of Classical Teachers. 71 posts of Vernacular Teachers as specified in a Statement were converted to the post of Assistant Teachers with effect from the date on which a particular post in the old respective scales would be fallen vacant. It was made clear in the said order that the recruitment to the post of Assistant Teachers created after conversion would be made according to the prescribed qualification. Regarding the then existing incumbents in the posts of Classical Teachers and Vernacular Teachers. it was stated in the said order if they have substantial qualifications prescribed for being appointed as Assistant Teachers. their cases might be considered by the Selection Committee for the appointment Of a new scale. The posts of Vernacular Teachers were converted to those of Assistant Teachers and Assistant Masters. The private respondents were allegedly appointed as Assistant Teachers of an untrained on substantive basis on different dates and the petitioner was nary graduate and he was appointed a Vernacular Teacher of Jenkins School. Coach Behar in 1953 by the Headmaster of the said School a~ a pure local arrangement. However. on the date of the issuance of the Government Order dated 18th/20th July. 1957 the petitioner was an ordinary trained teacher and the said post of Vernacular Teacher was not vacant At the time of issuances of the said order. The post of Vernacular Teachers was not converted to the post of Assistant Teachers in terms of para 3 11; the aforesaid order. It is alleged that the petitioner Sri Goswami did not 1 Assistant Master have requisite qualifications for being appointed as His cast was not considered for appointment as Assistant Master on the said date. In 197 1. a provisional gradation list of Assistant Masters was published. in the said list. names of Vernacular Teachers and Classical teachers were included although they did not have the requisite qualifications of being appointed as Assistant Masters .though they did not possess requisite selection test. It is claimed that the name of Sri Goswami erroneouslv included in the provisional list and subsequently it was committed. All 0ther allegations of the writ petitioners were controverted.