DEBAL DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The subject-matter of dispute, raised by the writ petitioners being the drivers of Kanchrapara Municipality, is refusal to grant pay scale-VI in their favour although same scale was allowed to the State Government drivers. Mr. Dutta, learned Counsel appearing for the writ petitioner submits that the writ petitioners are discharging similar duties like the State Government drivers. He further submits that the State Government itself have allowed the Scale-VI pay scale to the drivers of the Zilla Parishad and K.M.D.A. but the petitioners who are serving as drivers in Kanchrapara Municipality are deprived of the same on the alleged plea that the State Government employees are covered under Article 309 of the Constitution of India whereas the writ petitioners are governed under the statutory rules governing the Municipality.

(2.) Mr. Dutta submits that the plea is not at all correct. He submits that it is admitted position that there were judgements of this Hon'ble Court delivered on earlier occasion in favour of granting pay Scale-VI to the drivers of some other Municipalities which are also accepted and approved by the concerned respondents and Scale -VI of pay scale was given which would appear from the order passed by the Principal Secretary, Finance Department, Government of West Bengal.

(3.) Mr. Dutta submits that the reason disclosed for refusal to grant Scale-VI of pay scale in favour of the writ petitioners are contrary to the rules of equity which has become a fundamental right now in view of the Hon'ble Supreme Court judgement. He cited the judgement Union of India vs. Dineshan K.K., 2008 1 SCC 586. Mr. Dutta submits that it is the right of the writ petitioners to get pay scale-VI which was given to the State Government's drivers.