DEB NARAYNA SHYAM Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) ALL these appeals raise common question of law, therefore they are disposed off by this common order.

(2.) THE questions involved in all these appeals are : (i) Whether the Amins and Surveyors discharge the same duties or not; (ii) Whether the Amins are entitled to the same pay scale i.e. Scale No.9 of Surveyors and (iii) What is the effect of various decisions of the High Court of Calcutta passed from time to time in favour of the Amins treating them equivalent to that of Surveyors and allowing them pay scale No.9.

(3.) LEARNED counsel for the private respondents has submitted that with reference to the various orders of the Government and notifications issued from time to time that the Amins and Surveyors discharge same duties, their qualification may differ but the duties discharged by them are identical. Therefore, they are entitled to get the pay scale prescribed for the Surveyors on the principle of "equal pay for equal work". It has also been submitted that all earlier decisions given in all the 36 writ petitions will operate as res judicata and estoppel against the State Government because the State Government has not challenged the said order in all the 36 writ petitions. In some appeals were filed but were allowed to be withdrawn, in some appeals were dismissed and against some appeals were not filed. Therefore, the State Government cannot wriggle out from the situation created by themselves and they are bound by it. It was also pointed out that Courts can always mould the reliefs. LEARNED counsel has also pointed out that it is no longer contestable. As against this, it was submitted on behalf of the State Government that the duties of the Surveyors and Amins are different and that classification has been maintained throughout.