BROJO BHUSAN MISHRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE writ petitioner who is a teacher of National High School for Boys, 42/1, hazra Road Calcutta, prays for higher scale of teachers with post-graduate degree, that is, the post-graduate scale in view of the Government of West Bengal. Education (Budget Branch) Department Memo No. 400-EDN. (B) dated the 10th september, 1991. The petitioner was appointed in the said school, being respondent no. 5, in the year 1977 as a teacher for physical education. In august 1979 the petitioner graduated from Ranchi University and he along with other teachers were subsequently given the graduate scale. Still later, the petitioner obtained the degree of Master of Arts (M. A.) in Hindi from the ranchi University. The result of the said examination was published on 3rd November, 1983 and the petitioner was placed in the second division. His contention is that he is now entitled to higher scale of teachers with post-graduate degree, that is, post-graduate scale in view of the government of West Bengal Education (Budget Branch) Department Memo no. 400-EDN. (B) dated 10th September, 1991 which provides inter alia that a secondary school teacher who has improved his qualification subsequent to his appointment in a subject not relevant to his teaching will be allowed the higher scale on qualification basis with effect from the 1st April, 1981 or after five years' teaching counting from the date on which the higher qualification was obtained, whichever is later. In the present case, it is the contention of the petitioner that the petitioner obtained the post-graduate degree in the year 1983 and therefore he is entitled to the higher scale meant for post-graduate degree-holders from the appropriate date falling in 1988. The writ petition is contested by the respondent nos. 5, 6 and 7. As I have already mentioned the respondent no. 5 is the National High School of which the respondent no. 6 is the principal. Respondent no. 7 N. R. Iyer Memorial Education Society runs and manages the said school and it is the contention of the contesting respondents that the school being a minority institution within the meaning of Article 30 of the Constitution of India run and managed by the said Society there can not be any government interference with the administration of the school and as such the concerned Government memorandum veiled upon by the petitioner is not applicable to the school, it is the case of the respondents that, the said school is run and managed by the said Society formed by the Tamil Community of Calcutta which is a linguistic minority community here

(2.) THE petitioner has relied upon two documents which are Annexures L and M to the writ petition in C. O. No. 1809 (W) of 1992. The first is a letter bearing no. 3083 dated the 7th December, 1983 addressed by the Deputy director of Secondary Education, West Bengal to the District Inspector of schools on the subject 'clarification in respect of fixation of pay in the revised scale of a teacher who has improved qualification not relevant to the teaching subject'. In the said letter it is stated with reference to G. O. No. 372 dated 31st July, 1983 that higher scale of pay shall be allowed with effect from the date on which the qualification is obtained and that it should be counted with effect from the date of publication of the result of examination is published. The other document is Memorandum No. 400 EDN. (B) dated the 10th September, 1991 by which amendment was made with effect from the 1st day of April, 1981 in the Annexure I to the memorandum no. 372-EDN (B) dated 31st July, 1981 in the following manner. "in the said annexure to the said Memorandum, for sub-paragraph (b) of paragraph (2) under 'n. B. ' viz. ' (B) All existing secondary school teachers who have improved their qualifications not relevant to their teaching subjects will be allowed the higher scale on qualification basis after five years' teaching counting from the date on which higher qualification was obtained,' the following shall be substituted : ' (b) All existing secondary school teachers who were appointing with higher qualifications in subjects not relevant to their teaching or who improved their qualifications subsequent to their appointment in subjects not relevant to their teaching will be allowed the higher scale on qualification basis with effect from the 1st April. 1981 or after five years' teaching counting from the date on which higher qualification was; obtained, whichever is later. "

(3.) ACCORDINGLY, the petitioner claims the higher scale, namely the postgraduate scale of teachers on the ground that a period of five years has already elapsed since he improved his qualification by obtaining Master degree in Arts in a subject not relevant to his teaching.