Document Fragment View

Matching Fragments

(13) It was then submitted that ROPA 1990 did away with the distinction between the Librarians of a Secondary Institution coming under the Department of School Education and the Librarians of Sponsored/Aided Libraries under the Directorate of Library Services, West Bengal. Para 16(3) of the G.O. No. 33-Edn (B) dated 7 March, 1990 (ROPA 1990) provided for grant of higher scale of pay for higher qualification with which the incumbent was appointed and also for higher qualification obtained by way of improvement as well as for higher qualification that would be obtained by way of improvement in future by a teacher or a librarian. The benefit of higher scale of pay for higher qualification which was provided for in ROPA 1990 was, however, not without any restriction. The restriction was that the higher qualification which the incumbent possessed or obtained by way of improvement would be in a subject relevant to his 'Teaching/Appointment'. The petitioner is not entitled to any benefit under ROPA 1990 in so far as the qualification of Master Degree in Economics is concerned since it was not in a subject relevant to his appointment. The subject relevant to his post/appointment is a qualification in Library Science i.e., either Bachelor Degree or Master Degree in Library and Information Science.

(14) Under ROPA 1998, paragraph 12(3) of the concerned Government Order, the provision for grant of higher scale of pay on the basis of higher qualification as contained in paragraph 16(3) of ROPA 1990 was substantially reiterated. It also provided for grant of higher scale of pay only for higher qualification in a subject relevant to his 'teaching/appointment'.

(15) Learned Counsel then submitted that the petitioner has claimed higher scale of pay on the basis of his general academic qualification of M.A (Economics) relying on the memo bearing No. 39-SE(HS) dated 12 March, 1996. However, ROPA 1990 contained no provision for the grant of higher scale of pay for possessing or acquiring higher qualification in a subject not relevant to his teaching/appointment. The provision for grant of higher scale of pay for general academic qualification as provided in the memo of 1996 was in continuation of ROPA 1981 and it provided for notional grant of higher scale of pay on improvement of general academic qualification to any Librarian prior to the coming into force of ROPA 1990.

(16) In so far as the memo of 2004 is concerned, it is clarificatory of the memo dated 12 March, 1996. It covers the cases of 'improvement' of qualification, but the case of the petitioner is not one of improvement. Furthermore, the provisions of the 2004 memo as regards improvement of post-graduate degree in general stream is inconsistent with the provisions of para 16(3) of ROPA 1990 as well as para 12(3) of ROPA 1998. By virtue of the memo bearing No. 9-SE (HS) dated 10 February, 2005, the qualification as contained in the 2004 memo cannot be given effect to until further orders.

(26) I am unable to accept the contention of the respondents that since ROPA 1981 or ROPA 1990 or ROPA 1998 did not have provision for extending the benefit of higher scale of pay to a candidate who improved his qualification in a subject not relevant to his appointment, the petitioner cannot be granted higher scale of pay since his subject is Library Science whereas he acquired Masters Degree in Economics. With full knowledge of operation of ROPA 1981 and ROPA 1990, the 1996 memo was issued by the Joint Secretary of the School Education Department, Higher Secondary branch, Government of West Bengal extending the benefit of post- graduate scale of pay to librarians who had higher qualification even in non- relevant subjects. ROPA 1998 substantially reiterated the provisions of ROPA 1990 in this regard. It is not possible for me to accept the submission made on behalf of the respondents that ROPA 1998 superseded the 1996 memo and, therefore, the post- graduate scale of pay cannot be extended to a candidate having higher qualification in a non-relevant subject. This was also not the ground taken in the impugned memo for purporting to withdraw the benefit of post-graduate scale of pay from the petitioner.