KASHI NATH BOSE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Writ Petition has been filed by 22 Petitioners who are said to be employees of the West Bengal Council of Higher Secondary Education (hereinafter referred to as the said Council). They have prayed for an Order commanding upon the Respondents to withdraw the Memo dated 15.1.2008 as contained in Annexure-P/15 (page 106 of the Writ Petition) by which the Secretary of the said Council, while dealing with their Representation 2 dated 2.1.2008, advised them to approach a Court of Law for redressal of their grievances. The Petitioners further pray for a Direction upon the Respondents to revise their basic scale of pay at Rs. 450/- with effect from 10.10.1981 and release all other consequential benefits which are payable to them on account of subsequent revisions of pay scales.

(2.) According to the Petitioners, they were appointed along with the Respondent Nos. 14 to 40 on the post of Lower Division Clerks (on adhoc basis) during the period ranging from 1979 to 1981. Thereafter the Petitioners, along with these Respondents, were given the scale of Rs. 400-900 plus allowances as admissible with effect from 10.10.1981 vide Office Order No. S/372 dated 31.12.1981. These appointments were made on substantive basis as they had already worked on adhoc basis. By reason of the same Order, another batch of employees, namely the Respondent Nos. 5 to 13 were appointed as LDC in the scale of Rs. 400-900 with effect from 10.10.1981 but before such appointment on the post of LDC on substantive basis, they had been working on the post of Peons. By reason of this Order dated 31.12.1981, those Respondents were appointed on the post of LDC from the post of Peon whereas the Petitioners, by the same Office Order, were appointed on the post of LDC on substantive basis from the post of LDC on adhoc basis. The Respondent Nos. 5 to 13 were confirmed with effect from 1.8.1981 and were subsequently appointed on the post of LDC vide the aforementioned Order No. 372 dated 31.12.1981. 33.1981" The revision of pay scales of Officers and employees was introduced vide Memo dated 22.6.1981 (Memo No. 55-Edn (HS)/Edn (HS)- 3S/22/81). The last paragraph of the said Memo reads as follows:-

(3.) According to the further case of the Petitioners, the scale of pay of persons who were already in employment of the Council on the post of LDCs and Typists prior to 10.10.1981, were directed, in terms of the proviso to para 4 above, to be fixed at Rs. 450/- on 1.4.1981 but the Respondents failed to fix the basic pay of the Petitioners and the Respondent Nos. 14 to 40 at Rs. 450/- with effect from 1.4.1981 although they were working on the post of LDC prior to 10.10.1981.