RITA MUKHERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS writ application is filed by the petitioners praying for issuing writ in the nature of mandamus commanding the respondent No.9 to implement the salary structure as prescribed in the Revision of pay and Allowance Rules, 2009 in respect of the petitioners in connection with their services as assistant teachers of Holy Child Institute Girls' Higher Secondary School, District Kolkata , with effect from April 1, 2009.

(2.) THE facts of this case in a nutshell are as follows: The petitioners are approved assistant teachers of Holy Child Institute Girls' Higher Secondary School, District Kolkata (hereinafter referred to as the said School) which is a Dearness Allowance (D.A.) getting minority school.

(3.) IN compliance of the above order, the respondent No.9 introduced pay structure for its approved teaching and non -teaching staff at the rate prescribed by the State Government for teachers and non -teaching employees of the Government aided schools under the Revision of Pay and Allowance, 1996 (hereinafter referred to as ROPA, 1996). By a memorandum No.46 -SE(B)/5B -1/2009 dated February 27, 2009 issued by the Government of West Bengal, School Education Department, Budget Branch, implemented Revision of Pay and Allowance, 2009 (hereinafter referred to as ROPA, 2009) in respect of the Government sponsored, aided schools up to class -XII standard, amongst others, for actual payment with effect from April 1, 2008 with its notional effect from January 1, 2006.