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Judgment
Rajasekhar Mantha, J
The petitioner claims that he joined service on February 15, 1984 as a Librarian in Ahmedpur Jaydurga High School (H.S.), Birbhum. The petitioner was holding a B.Sc. and Diploma in Library Science. The petitioner also had a Master Degree called MLIS prior to joining service. He superannuated from service on the 31st of January 2017.
The petitioner admittedly was drawing pay scale in the Group-C post of Rs. 550-900.
In the year 1990, i.e., on March 7, 1990 by reason of a Government order, the pay scale of Group-C Staff was revised to Rs. 1390-2970, as per the affidavit filed by the State.
It is further averred in the affidavit that the petitioner's scale of pay was wrongly fixed and he was wrongly paid in the scale of pay of Rs. 1420-3130 with higher initial started at Rs. 1465.
The State further contends in the affidavit that the same is in violation of the prevalent rules applicable at the relevant point of time.
It is also contended by the State that the petitioner did not exercise the option as per the ROPA 1990 to switch over a higher scale of pay and that formal approval of the DI of School was not obtained in this regard. What is possibly sought to be averred is that the higher pay scale as per the ROPA 1990, which the petitioner would be entitled to, by reason of the Post-Graduate Degree, has not been approved by the DI of School.
The petitioner by the impugned order dated August 12, 2016 issued by the DI of School and communicated through the Headmaster of the School concerned, was asked to refund the excess amounts drawn by him and his retirement benefits would be released upon his refunding the excess amounts.
Since, the State is not represented by the learned counsel despite notice, this Court deems it necessary to remand this matter back to the District Inspector of School (SE), Birbhum to consider the following issues.
(a) Whether the petitioner would have been automatically entitled to the higher pay scale for his Post-Graduate degree in terms of ROPA 1990.
(b) Whether a formal option is required to be exercised and whether such option is required to be approved by the DI of School for the higher pay scale based on the Post-Graduate Degree that the petitioner was already holding at the time he was absorbed into the school.
(c) Even assuming that the petitioner was entitled to a higher pay scale as per ROPA, whether the petitioner, in fact, drew any excess amounts beyond the ROPA 1990.
The District Inspector of School shall give a personal hearing to the petitioner and his legal representative and shall also verify the records of the school in this regard. The DI of Schools shall pass a reasoned order and consider all judgments placed by the petitioner, particularly, in WP 25900 (W) of 2017 Jyotsna Rani Das vs. The State of West Bengal & Ors. Let the aforesaid exercise be completed by the DI of School within a month from the date of communication of a copy of this order.
With the aforesaid observations, the instant writ petition being WP 27696 (W) of 2016 is disposed of.
This Court records its displeasure at the absence of the learned counsel for the State despite a specific notice issued to the learned counsel represented the State in this regard.
Let the notice dated December 2, 2019 be kept with the record.
The order that may be passed by the DI of School shall be communicated to the petitioner within 7 days thereof.
Urgent photostat certified copy of this order, if applied for, be given to the parties.