An accrued postgraduate pay scale cannot be retrospectively withdrawn by a subsequent notification.

The petitioner was selected by the West Bengal Regional School Service Commission and appointed as an Assistant Teacher in the Theology Group (M.M.) at Uluberia Haji Ishaque Darul Ulum Siddiquia Senior Madrasah.

He joined on 18 July 2001, and his appointment was approved by the District Inspector of Schools.

By Memo No. 380/1(3)/U/M dated 23 April 2009, the Additional District Inspector of Schools granted him the postgraduate scale of pay with effect from 18 July 2001, relying on the Government Memoranda dated 17 July 2008 and 30 January 2009.

Subsequently, by Memo No. 1556/U/M dated 5 January 2011, the authority modified the effective date and restricted the postgraduate scale to 1 January 2009.

The petitioner challenged this modification, contending that the benefit already granted from the date of joining had been unlawfully withdrawn.

The State argued that the post was intended for graduates and that possession of a postgraduate qualification did not automatically entitle the petitioner to the postgraduate scale.

The Court applied Government Circular No. 735-SE(S)/SP-132/2002 dated 3 June 2002, which permitted honours-graduate teachers appointed through the West Bengal School Service Commission in aided secondary schools and Madrasahs to receive the higher postgraduate scale where they possessed, or had completed the relevant postgraduate course in, the subject connected with their appointment, with effect from the date of joining or the date following completion of the examination, whichever was later.

It also relied on Minority Affairs and Madrasah Education Department Memo No. 1040-MD dated 17 July 2008, treating two-year M.M. qualifications obtained from 1998 onwards as equivalent to postgraduate degrees, and Memo No. 150-MD dated 30 January 2009 concerning the postgraduate scale for M.M. teachers.

The Court further applied the principle that a benefit and entitlement to a pay scale already accrued under the applicable governmental orders cannot be withdrawn retrospectively through a subsequent clarification or administrative order, particularly without assigning reasons.

The Court found that the petitioner’s postgraduate scale had initially been sanctioned with effect from 18 July 2001 under the applicable Government memoranda and the 2002 circular.

Although the State relied on Memo No. 560-MD dated 31 March 2010, which stated that existing teachers appointed against graduate posts would not automatically receive the postgraduate scale, the Court held that this later clarification could not divest the petitioner of a pay-scale benefit that had already accrued to him under the earlier orders.

The impugned memo relied on the same 2008 and 2009 memoranda as the earlier order but gave no specific reason for changing the effective date from the date of joining to 1 January 2009.

In view of the 2002 circular and the petitioner’s relevant M.M. qualification, the Court concluded that the original grant from the date of joining was legally supportable and that its subsequent modification was arbitrary and unsustainable.

The respondents were directed to implement the revised pay fixation and pay the consequential arrears within four weeks from the date of the judgment.

The writ petition was accordingly disposed of.