STATE OF WEST BENGAL Vs. DIPANKAR DEY

JUDGEMENT

(1.) The petitioners in this WPST under Art. 226 of the Constitution of India dated November 29, 2005 are questioning an order of the W. Ben. Administrative Tribunal dated July 30, 2004 (WPST p. 78) allowing the first-twenty-seventh respondents' OA No. 1228 of 2002. The twenty-seven private respondents filed an OA No. 1468 of 2001 claiming the Rs. 425-1050 scale contending that similarly situated Workshop Instructors had been given the scale pursuant to orders of this Court and the Tribunal. By an order dated January 16, 2002 the Tribunal disposed of the OA directing the Director of Technical Education and Training, Government of W. Ben. to give a decision. The Director gave a decision dated April 12, 2002 (WPST p. 65).

(2.) The Director held that the petitioners appointed under the W. Ben. Services (Recruitment to the post of Workshop Instructor, Mistry Instructor in Government and Sponsored Polytechnics in W. Ben.) Rules, 1986, being not similarly situated with the persons who were given the Rs. 425-1050 scale pursuant to orders of this Court and the Tribunal, were not entitled to the scale.

(3.) In his decision the Director pointed out that the persons getting the scale pursuant to orders of this Court and the Tribunal had been appointed before the W. Ben. Services (Revision of Pay and Allowance) Rules, 1981 came into force. Making this distinction the Director held that the private respondents not getting the scale and the Workshop Instructors getting the scale did not constitute one class.