14.07.2026 Sl. No.617(DL) Ct. No.14 srm IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 14691 of 2026 Sougata Roy versus The State of West Bengal & Ors. Mr. Biswarup Biswas, Mr. Pradip Kumar Ghosh, Ms. Nupur Choudhuri …for the Petitioner. Mr. Brijendra Pratap Singh, Mr. Asit Kumar De …for the State. 1. Affidavit-of-service filed on behalf of the petitioner is taken on record. 2. By the present writ petition, the petitioner seeks direction upon the respondent authorities to grant higher scale of pay in terms of ROPA, 1998 at the scale of Rs.4,650-10,175 and revised and re-fixation as per ROPA, 2009 on and from his date of appointment in the Pay Band of Rs.7,100-37,600 with Grade Pay of Rs.4,100. 3. The petitioner contends that he joined as a librarian in Talit Goureswar High School, P.O. Talit, District- Purba Bardhaman on 1st July, 2011. At the time of joining, the petitioner had postgraduate qualification in Master of Library Science. However, the petitioner is granted salary under the Grade Pay of Rs.3,900 which is applicable for graduate in Library Science. Since the petitioner joined the service with Master in Library Science, he is entitled to Grade Pay of 2 Rs.4,100 as per ROPA, 2009. On 9th April, 2026, the petitioner made a representation before the concerned authority seeking for redressal of his grievance. As no steps have been taken, hence this writ petition. 4. Mr. Biswarup Biswas, learned Advocate appearing for the petitioner submits that the law is well settled that a candidate who joins with Master Degree in Library Science is entitled to Grade Pay of Rs.4,100 which will be evident from the Memorandum No.46-SE(B)/5B- 1/2009 dated 27th February, 2009. Therefore, the petitioner is entitled to the Pay Band of Rs.7,100- 37,600 with Grade Pay of Rs.4,100 which is applicable to Librarian with Master Degree-holders with recognised Diploma in Library Science. To buttress his contention, he relies on the decisions of the Hon’ble Division Bench passed in (i) The State of West Bengal & Ors. versus Arupratan Das & Ors. reported in 2026(2) CHN 220 and (ii) The State of West Bengal & Ors. versus Sagarika Bhattacharjee (In Re: MAT 608 of 2023). He seeks for appropriate orders. 5. Mr. Brijendra Pratap Singh, learned Advocate for the State leaves the matter to the discretion of the Court. 6. Upon hearing learned Advocates for the respective parties, the only issue which falls for determination is whether the petitioner is entitled to higher scale of pay in respect of his Master’s Degree qualification or not. 3 7. Admittedly, the petitioner has completed Master of Library and Information Science Examination in the year 2007. The petitioner joined the service on 1st July, 2011. Thus, at the time of joining, the petitioner was holding Master’s Degree in Library Science. There cannot be any quarrel that a candidate having qualification of Master Degree in Library Science is entitled to higher scale of pay in the Pay Band of Rs.7,100-37,600 with Grade Pay of Rs.4,100 under ROPA, 2009. 8. In Arupratan Das (supra), the learned Single Judge allowed the prayer of the petitioner in WPA 18662 of 2024 for higher Scale of Pay observing as follows: “. . . To shed a light on the on this issue, it would be apt to reproduce the Clause (3) of ROPA Rule 1998, which reads as follows: “All teachers, including physical education teachers and librarians of secondary schools who have improved/will improve their qualifications who were appointed with higher qualification in the subjects or group relevant to their teaching/appointment shall get higher scale of pay appropriate to their qualifications with effect from the 1st January, 1996 or their date of improving qualifications whichever is later.” Subsequently, by Notification No. 155(SE)B dated 13th July, 1999, Rule 12(3) of the ROPA Rules, 1998 was amended, and a proviso was inserted therein. The proviso to Rule 12(3) reads as follows: “………….. provided that such higher qualified teachers in the relevant subjects or group is justified as per approved staff pattern of that school. If such teacher is appointed through West Bengal School Service Commission, his/her pay will be fixed in the scale of pay as per his/her qualification mentioned by the West Bengal School Service Commission.” Upon a careful perusal of the amended provisions of Rule 12(3) of the ROPA Rules, 1998, it is evident that the proviso inserted by way of amendment is not applicable to the post of Librarian.” 4 9. Such order was challenged in appeal in FMA 1162 of 2025. The appellate court affirmed the order of the learned Single Judge and observed as follows: “8. The provisions contained in 1999 ROPA Rules were applicable till 01.04.2008 that is the date of coming into force of actual benefits under the 2009 ROPA Rules. It is during this period the petitioner acquired the higher qualification on 07.12.2007. The petitioner, therefore, was entitled to grant of benefit under the annexure to the 1990 Rules as specified in Serial 13, extracted above. The writ petitioners acquired a right to be placed in the higher post graduate scale with effect from 07.12.2007 and, therefore, would be entitled to the corresponding/revised scale for this post graduate scale of Librarians specified in the 2009 ROPA Rules. 9. Insofar as the actual consequential dues the learned counsel fairly submitted that the benefit of the post graduate scale is to be paid to him from 07.12.2007, i.e. the date of acquisition of higher qualification; and revision of that scale with effect from the date of actual benefits as contemplated under the 2009 ROPA Rules, that is with effect from 01.04.2009.” 10. In view of the above, this Court finds substance in the submission of Mr. Biswas, learned Advocate for the petitioner relying on the decision of Arupratan Das (supra) passed in the aforesaid proceedings. 11. In the aforesaid conspectus, respondent No.3, District Inspector of Schools (SE), Purba Bardhaman is directed to grant the benefit of higher scale of pay to the petitioner in the Pay Band of Rs.7,100-37,600 with Grade Pay of Rs.4,100 under ROPA, 2009 on account of his Master’s Degree qualification in the subject relevant to his appointment from the date of his joining and re-fix the pay scale as per ROPA, 2009 including arrears within a period of eight weeks from the date of communication of this order. 12. Learned Advocate for the petitioner is directed to communicate this order to the respondent No.3, 5 District Inspector of Schools (SE), Purba Bardhaman, for necessary compliance. 13. Accordingly, the writ petition being WPA 14691 of 2026 stands disposed of. 14. Since no affidavits have been called for, the allegation made in the writ petition is deemed to be not admitted. 15. Interim order, if any, stands vacated. 16. All connected applications, if any, stand disposed of. 17. There shall be no order as to costs. 18. All concerned parties shall act in terms of the copy of the order duly downloaded from the official website of this Court. 19. Urgent Photostat certified copy of the order, if applied for, be given to the parties on compliance of all necessary legal formalities. (Bivas Pattanayak, J.)