CALCUTTA METROPOLITAN DEVELOPMENT AUTHORITY Vs. DILIP KUMAR BANERJEE

JUDGEMENT

(1.) This appeal has been preferred by the Calcutta Metropolitan Development Authority (hereinafter called "the CMDA") against the judgment of the division bench of the Calcutta High court in appeal from Original Order No. 1164 of 1988 dated 22-12-1992. Dismissing the appeal the learned Judges confirmed the judgment of the learned Single Judge dated 13/3/1987 in Civil Order No. 466 (W) of 1985. The learned Single Judge came to the conclusion that the writ petitionerswho were working as Programme Officers under the CMDA and were given the scale of Rs. 470-1230 were entitled to the scale of Rs. 660-1600. The said scale was directed to be given with effect from the respective dates of promotion of the writ petitioners. It was also held that they would be entitled to 50% of the arrears on the basis of such fixation. In this appeal filed by the CMDA, the said view of the Calcutta High court is challenged on the ground that the Programme Officers working under the CMDA were permitted to draw the scale of a Section Officer namely Rs. 470-1230 and there was no resolution of the CMDA permitting them to draw the scale of Rs. 660-1600. It is also contended for the CMDA that the learned Single Judge as well as the division bench were not right in holding that the concession of the learned counsel for the CMDA was to the effect that the writ petitioners were entitled to the scale of Rs. 660-1600.

(2.) The learned counsel for the appellant CMDA referred to us, among others, the following facts and resolutions of the CMDA:

(3.) It is the case of the writ petitioners in the writ petition that they are entitled to the pay scales of Rs. 660-1600. They rely upon an earlier resolution of the CMDA dated 13/12/1981 by which the CMDA accepted in principle the "adoption" of the West Bengal Services (Revision of Pay and Allowances) Rules, 1981 (the ROPA Rules). The above resolution of the CMDA dated 13/12/1981 requires that the pay scales of CMDA be accordingly revised in line with the West Bengal Services (Revision of Pay and Allowances) Rules, 1981, applicable to West Bengal government employees and also that the revised pay scales should be deemed to have come into force from 1/4/1981. Relying on the said resolution of the CMDA dated 13/12/1981 the petitioners contend that the pay scale of Programme Officers in the West Bengal government service (which was governed by the said ROPA Rules) is Rs. 660-1600 and, therefore, the petitioners who arealso Programme Officers in the CMDA are entitled to the same pay scale of Rs. 660-1600. On the other hand, it is contended for the appellant CMDA that the posts of Programme Officers in the State government are not comparable to the corresponding posts of Programme Officers in the CMDA and, therefore, the petitioners are not entitled to the scale of Rs. 660-1600. The learned Single Judge, however, came to the conclusion that in view of the budget estimate appended to the supplementary agenda for the 76th meeting of the CMDA wherein the average monthly pay was taken as Rs. 1931 for Programme Officers, it must be presumed that the CMDA accepted the scale of Rs. 660-1600 inasmuch as the; same average of Rs. 1,931. 00 per month was computed for the Zonal Officers whose pay scale was admittedly Rs. 660-1600. The learned Single Judge also referred to an admission made by the learned counsel for the CMDA, Mr. Bagchi, before him to the following effect: