MD. NIZAM UDDIN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Aggrieved by the inaction on the part of the State authority to fix the proper scale of pay according to his post, the petitioner has preferred this writ petition.

(2.) The background facts which are necessary for adjudication may be adumbrated as under: Basirhat Re-Life Handicapped Welfare Society is a Government sponsored and Class-VIII standard educational institution. This institution is governed and regulated by the Rules and Regulations framed by the Mass Education Extension Department, Government of West Bengal. By an order being No. 530-Edn(MEE)/3 'S '-13/99 dtd. 31/3/1999, academic recognition was accorded to the institution without any financial involvement to it. After such sponsorship was conferred on the institution, the petitioner was initially appointed as the Organizing Assistant Teacher (Visually Handicapped) in the institution and subsequently, he was appointed to the post of Craft Instructor (Visually Handicapped) vide appointment letter dtd. 29/4/2002. Subsequently, after conducting an inspection, the District Mass Education Extension Officer, North 24 Parganas submitted a report to the authority concerned vide memo dtd. 23/8/2006 recommending sponsorship of the institution. In the inspection report, the name of the petitioner figured at serial no. 5 as a Craft Teacher having the qualification of B.A. (two year pass). Ultimately, by a memo no. 102-MEE/Sectt/3S-66/2000 dtd. 7/2/2007 issued by the Joint Secretary, Mass Education Extension Department, Government of West Bengal, sponsorship was accorded to the institution. As instructed in the memo dtd. 7/2/2007, the authority of the institution submitted a list of organizing teaching and non-teaching staff of the institution including the name of the petitioner as the Craft Instructor (Visually Impaired) to the Director of Mass Education Extension for absorption. By an order dtd. 4/4/2007 issued by the Director of Mass Education Extension, West Bengal, appointment of the petitioner as the Craft Instructor (V.I.) was approved. In the order dtd. 4/4/2007, it was mentioned that the petitioner had no training and he would have to complete the relevant training course within three years. The petitioner obtained a two year Post Graduate Diploma in Art and Craft Examination from Rabindra Bharati University in the year 2011. Besides, he also obtained the Certificate of Bridge Course.

(3.) By notification dtd. 20/4/1995 issued by the Mass Education Extension, Government of West Bengal, Rules and Procedures for recruitment to the post of teaching and non-teaching staff of various Government institutions for the handicapped have been prescribed. As per these recruitment rules, the requisite qualification for appointment to the post of Craft Instructor is school final and certificate in Craft. In terms of a memorandum dtd. 30/3/1999 issued by the Mass Education Extension Department, the scale of pay for the Craft Instructor has been prescribed as Rs.1040.00 - Rs.1920.00 (For matriculate) = Rs.3500.00 - Rs.6325.00 and Rs.980.00 - Rs.1775.00 (For others) = Rs.3150.00 - Rs.5680.00. The petitioner who, having degree in graduation, is entitled to be placed in the unrevised scale of pay of Rs.3350.00 - Rs.6325.00 but, he has wrongly been placed in the unrevised scale of pay of Rs.3150.00 - Rs.5680.00.