STATE OF WEST BENGAL Vs. DEBASISH MUKHERJEE

JUDGEMENT

(1.) All these appeals question the common order dated 20.1.2005 of the Calcutta High Court allowing a batch of appeals by the employees of the High Court. The facts are similar and for convenience, we will refer to the facts from C.A. No. 3480/2005.

(2.) One Gopniath Dey (for short Dey) was appointed as a Section Writer/Typist in the Original Side of the Calcutta High Court on 19.3.1964. He was brought under the regular establishment on 1.9.1979 and was allowed the pay-scale of Rs. 230-425 under the West Bengal Services Revision of Pay and Allowances Rules, 1970 (for short WB (ROPA) Rules, 1970). The said pay-scale was subsequently revised as Rs. 300-685/- with effect from 1.4.1981 and under the WB (ROPA) Rules, 1981. He was granted a promotion as Typist, Grade I in the scale of Rs. 380-910/- with effect from 2.4.1981. He appeared in the selection examination for the post of Lower Division Assistant and was selected and appointed on 9.9.1985. On such appointment his pay was fixed as Rs. 550 in the scale of Rs. 300-685/-, taking into account his last pay drawn in the former Grade-I Post. On exercising option under the W.B. ROPA Rules, 1990, his pay scale was revised and refixed with effect from 1.8.1986. On 1.4.1989, he was awarded the second higher scale under the 20 years Career Advancement Benefit Scheme.

(3.) Sixty three employees who were senior to Gopinath Dey in the cadre of Lower Division Assistants, working in the Original Side of the High Court, submitted a representation to the Chief Justice on 27.6.1997 requesting that by relaxing Rule 55(4) of West Bengal Service Rules - Part I (for short WBSR) their pay be stepped up and re-fixed on par with the pay of their junior Gopinath Dey. The Chief Justice referred the representation to a Special Committee of three Judges and the said Committee submitted a report dated 2.12.1998 recommending rejection of the representation with the following observations: