STATE OF WEST BENGAL Vs. GANESH CHANDRA SAMANTA

JUDGEMENT

(1.) The appeal is arising out of a judgment and order dtd. 6/3/220 in a writ petition preferred by 15 writ petitioners praying, inter alia, for necessary direction upon the respondents (the present appellants) to grant scale of Rs.425.001050 with effect from 1/4/1981 with all consequential benefits including all allowances and perquisites as are admissible under the Rules together with all arrears with interest calculated at the enhanced rate with effect from 1/4/1981.

(2.) Briefly stated, the writ petitioners no.1 to 9 are working as Workshop Instructors in Ram Krishna Mission Silpa Mandir and the writ petitioners no.10 to 15 are attached to Ram Krishna Mission Silpa Pith. They were all appointed as Workshop Instructors. The writ petitioners have claimed benefits on the principle of Equal pay for equal work as extended to the writ petitioners in WP 3222(w) 1998 (Sibu Gopal Sadhukhan and Ors. Vs. State of West Bengal and Ors.).

(3.) Before 1981 the pay scale of the Workshop Instructors of Government Polytechnic was Rs.230.00425 with higher initial start at Rs.250.00 as per ROPA Rules, 1970 whereas for the Workshop/Mistri Instructors of Government sponsored Polytechnics, the pay scale was Rs.230.00425. ROPA Rules 1981 was published vide a notification no.5691-F on 28/7/1981. The said rule was made under proviso to Article 309 of the Constitution of India. Under the said Rule the pay scale of Workshop/Mistri Instructors of Government Polytechnics prevailing prior to 1981 was increased from Rs.230.00425 to three pay scales according to their qualifications. They are: