MD KABIR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioners are the Headmasters of different schools in the District of Murshidabad. They are aggrieved that inspite of their being Headmasters of the respective schools, the benefit of re- fixation of pay under ROPA Rules-2009, has not been granted in their favour, by allowing additional increment @ 3% along with additional grade pay, reckonable to upgradation of the schools as Higher Secondary Schools, with effect from the respective dates of upgradation of schools by the concerned respondent authority. The memorandum dtd. 22/3/2017, issued by the Joint Secretary, School Education Department, Government of West Bengal/respondent no. 3, is impugned in this writ petition, which was issued with reference to an earlier memorandum dtd. 6/5/2016. The writ petitioners have prayed that the impugned memorandum be not acted upon any further set aside and by dint of an order of this Court. The other prayer of the writ petitioners is for direction of the Court to allow them the benefit of increment @ 3% of the existing Basic Pay, in addition to the Grade Pay or additional Grade Pay as admissible, as per ROPA Rules-2009.

(2.) The fact of the present writ in brief is that the writ petitioners are Headmasters of different schools in District Murshidabad, which have been upgraded to Higher Secondary School as per the policy decision of the respective respondent authority. Thus, as the Head of Administration and Headmasters of the schools the writ petitioners claim that they have entrusted with higher responsibility than earlier. On the occasion of the "ROPA Rules 2009" having come into force, the petitioners have claimed their benefit under the same i.e. grade pay along with 3 % increment.

(3.) They filed this writ petition alleging that though they being eligible to the said benefit, have been deprived on some frivolous grounds and have been subjected to discrimination as well as violation of their vital statutory as well as constitutional rights.