HC rejects state’s discrimination in pay increments for headmasters

MP, 30 Sept 2024, Kolkata: Observing that law only allows discrimination among equals based on intelligible differentia, Calcutta High Court, setting aside a state notification, directed the state to grant benefit of additional three per cent increment to headmasters of certain South Dinajpur schools which were upgraded to Higher Secondary level. 

The Bench of Justice Rai Chattopadhyay was moved by headmasters on grounds that they are being deprived of benefit of re- fixation of pay under ROPA Rules-2009 which allows additional increment of three per cent along with additional grade pay. 

They submitted that they are entitled to these benefits from the date the schools were upgraded. 

The petitioners’ counsel alleged they were deprived on frivolous grounds and subjected to discrimination as well as violation of their vital statutory and constitutional rights. 

They challenged a 2017 notification by the state calling it discriminatory as it only allowed additional grade pay but no increment. 

The counsel referred to a 2010 notification which promised both increased grade pay and three per cent increment. The state’s counsel contended that the 2010 notification only applies to headmasters of schools upgraded between January 1, 2006 and February 27, 2009. 

Only these headmasters are to get additional increment as per ROPA Rules 2009, provided the person takes “higher responsibility” of the upgraded school. State submitted that the concerned schools were upgraded prior to the period specified in the notification and hence the Headmasters concerned cannot be considered to have undertaken any additional responsibility to be eligible for the additional benefit in emoluments. 

The court observed: “Any Higher Secondary School would always carry the same status and discharge the same duties and responsibilities, irrespective of the period or date at which it has been vested with the status of a Higher Secondary School. 

Likewise, a Headmaster, being the administrative head of the school, would always carry and discharge some additional responsibility, irrespective of his being posted in a Higher Secondary School or otherwise”. 

“The law does not eschew inequal treatment of the equals, but approves the same, provided the same should be based on intelligible differentia…” the court observed and found the state’s submissions unacceptable. The court ordered the state to provide the petitioners with an additional 3 per cent increment within six weeks. 

https://www.millenniumpost.in/bengal/mamata-jabs-centre-for-north-bengal-flood-situation-581510?infinitescroll=1