GOVERNMENT OF WEST BENGAL Vs. TARUN K ROY

JUDGEMENT

(1.) APPLICABILITY of the doctrine of 'equal pay for equal work' is the question involved in this appeal which arises out of a judgment and order dated 3rd December, 1997 passed by a Division Bench of the Calcutta High Court in FMAT No. 1505/1996.

(2.) IN the irrigation department of the State of West Bengal inter alia there existed two posts - operator-cum-mechanic and sub- assistant engineer. The first pay commission of the State of West Bengal in its report dated 31.12.1969 recommended the following pay-scales relating thereto. <FRM>JUDGEMENT_130_JT9_2003Html1.htm</FRM>

(3.) THE respondents are merely graduates in science. THEy do not have the requisite technical qualification. Only because they are graduates, they cannot, in our opinion, claim equality with the holders of diploma in engineering. If any relief is granted by this Court to the respondents on the aforementioned ground, the same will be in contravention of the statutory rules. It is trite that this Court even in exercise of its jurisdiction under Article 142 of the Constitution of India would not ordinarily grant such a relief which would be in violation of a statutory provision.