LAWS(CAL)-2007-6-10

SIBNATH KOLEY Vs. STATE OF WEST BENGAL

Decided On June 08, 2007
DHIRENDRA NATH DAS Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) All the appeals have been preferred from the judgment and order dated 25th September, 2000 passed by the learned Single Judge in W.P. No. 8030 (W) of 1999 and the other similar writ petitions, which were heard analogously. The learned Single Judge by the aforesaid judgment and order dismissed all the writ petitions.

(2.) All the appeals preferred from the aforesaid judgment and order passed by the learned Single Judge have also been heard analogously and are disposed of by this common judgment.

(3.) The appellants/writ petitioners are the librarians of Rural/Area/Primary Unit Libraries duly sponsored/aided by the Government of West Bengal. They possess the higher qualification i.e. graduate with the recognised diploma in Library Science. The appellants/writ petitioners moved the application under Article 226 of the Constitution of India before the Hon'ble High Court claiming the benefit of higher revised scale of pay of Rs. 1,3,90-2,970/- appropriate to their higher qualification in terms of the memorandum being No. 33-Edn(B) dated 7th March, 1990 issued by the Secretary, Education Department, Government of West Bengal with effect from the date as indicated ui the said memorandum dated 7th March, 1990 in the following backdrop: "One Biswajit Das holds the post of Librarian in a rural library. He is graduate and possesses a recognised diploma in Library Science. He moved an application under Article 226 of the Constitution of India being C.O. No. 9580 (W) of 1996 before the Hon'ble High Court, Calcutta and prayed therein for the benefit of the higher revised scale of pay of Rs. 1,390-2,970/-, appropriate to his higher qualification in terms of sub-clause (3) of clause 16 of the Memorandum being No. 33-Edn(B) dated 7th March, 1990 issued by the Secretary, Education Department, Government of West Bengal."